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TABLE OF CONTENTSTitle PagePreamble .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Recognition and Unit Designation .. . . . . . . . . . . . . . . . 6Rights of Employees .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Union Rights .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Rights of the Employeer .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Union Responsibilities .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Employee Responsibilities .. . . . . . . . . . . . . . . . . . . . . . . . . . 15Employer Responsibilities .. . . . . . . . . . . . . . . . . . . . . . . . . . 16Mutual Responsibilities .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Union Representation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Joint Labor Management Committee Meetings 25Union Sponsored Training .. . . . . . . . . . . . . . . . . . . . . . . . . 28Use of Official Facilities .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Information of the Union ... . . . . . . . . . . . . . . . . . . . . . . . . 33Vacancies and Promotions .. . . . . . . . . . . . . . . . . . . . . . . . . 35Reassignments .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Temp.-NTE full & Part Time Appointments ... 44Compensation and Benefits . . . . . . . . . . . . . . . . . . . . . . . . . 45Equal Employment Opportunity .. . . . . . . . . . . . . . . . . . 51Staff Development Program ... . . . . . . . . . . . . . . . . . . . . . 52Teaching Conditions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56Hours of Work ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67Health and Safety .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68Personal Injury in the Performance of Duty ... 73Job Descriptions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75Extra Duty Assignments .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 76Leave .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77Personnel Files .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83Performance Standards and Appraisal ........... 86Reduction-in-Force .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92Discipline and Adverse Action .. . . . . . . . . . . . . . . . . . . . 97Employee Grievance Procedure .. . . . . . . . . . . . . . . . . . 108Policy Grievance Procedure .. . . . . . . . . . . . . . . . . . . . . . 115Arbitration .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116Voluntary Allotment of Union Dues ............ 127Investigations .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131Duration of Agreement .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

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PREAMBLE

Section 1. Parties. Pursuant to the policy set forth in Title 5,U.S. Code, Chapter 71 (Public Law 95-454) and all futureamendments, the following Articles, together with any and allsupplemental and/or amendments which may be mutuallyagreed upon at later dates, constitute an Agreement by and be-tween the Department of Defense Dependents Schools, Mediter-ranean Region, hereinafter the Employer, and the OverseasFederation of Teachers, AFT, AFL-CIO, hereinafter the Union,and collectively known as the Parties, for the employees in theunit described herein. This Agreement is entered into pursuantto Certification of Representative, 3-RO-55, et al. (6 FLRA 55)dated June 22, 1982.

Section 2. Mutual Responsibilities. Both Parties recognize theirmutual responsibilities to work together in assisting unit em-ployees adjust to the unique conditions experienced in an over-seas environment. When a unit employee is faced with unusualcircumstances unique to overseas, the Parties will work togetherto ameliorate the problem.

Section 3. Public Policy. Whereas the Congress finds that ex-perience in both private and public employment indicates thatthe statutory protection of the right of employees to organize,bargain collectively, and participate through labor organiza-tions of their own choosing in decisions which affect them,safeguards the public business, and facilitates and encouragesthe amicable settlements of disputes between employees andtheir employers involving conditions of employment.

Whereas the Congress finds that the public interest demandsthe highest standards of employee performance and the con-tinued development and implementation of modern andprogressive work practices to facilitate and improve employeeperformance and the efficient accomplishment of the opera-tions of the Government.

Now, therefore the Parties hereto, intending to be bound hereby, agree as follows:

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ARTICLE 1RECOGNITION AND UNIT DESIGNATION

Section 1. Unit Definition. The Overseas Federation ofTeachers, AFT, AFL-CIO is the certified exclusive represen-tative for all unit employees assigned to DoDDS schools lo-cated in the Azores (Portugal), Spain, Italy, Greece, Turkey,and Bahrain. This unit includes all nonsupervisory professionalschool-level personnel employed by the Department of DefenseDependents Schools; excluding all nonprofessional employees,substitute teachers, management officials, supervisors and em-ployees described in Section 7112(b) (2), (3), (4), (6), and (7)of the Statute.

Section 2. Exclusions. Local National and Third Country Na-tional employees are not covered by this Agreement as provid-ed by Section 7103 (a) (2) of the Statute.

ARTICLE 2RIGHTS OF EMPLOYEES

Section 1. Statutory Rights. By Title 5, U.S. Code 7102, em-ployees of the bargaining unit are afforded the followingrights:

“7102. Employees’ Rights.

“Each employee shall have the right to form, join, or as-sist any labor organization, or to refrain from such activi-ty, freely and without fear of penalty or reprisal, and eachemployee shall be protected in the exercise of such right.Except as otherwise provided under this chapter, such rightincludes the right -

“(1) to act for a labor organization in the capacity ofa representative and the right, in that capacity, to present

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the views of the labor organization to heads of agen-cies and other officials of the executive branch of theGovernment, the Congress, or other appropriateauthorities, and

“(2) to engage in collective bargaining with respect toconditions of employment through representatives chos-en by employees under this chapter.”

Section 2. Policy.

a. Any employee in the bargaining unit has the right to bringmatters of concern to the attention of appropriate manage-ment officials, freely and without fear of penalty or reprisal.

b. Employees have the right to report incidents of fraud,waste, abuse or danger to public health or safety withoutfear of penalty or reprisals. Before reporting health and safe-ty hazards to officials outside of the local school, the prin-cipal shall be notified and provided with a reasonableamount of time to seek corrective action.

c. Aggrieved employees and their designated representativesare entitled to reasonable privacy when discussing mattersof personal concern.

Section 3. Right to Representation.

a. The employee has the right to be represented by theUnion during any examination by a representative of theAgency in connection with an investigation if:

(1) the employee reasonably believes that the examina-tion or meeting may result in disciplinary action againsthim/her, and s/he requests representation.

(2) DoDDS representatives such as Air Force Office ofSpecial Investigations (OSI), Naval Investigative Serv-ices (NIS), Army Criminal Investigations Division(CID), etc. must respect the Weingarten rights of em-ployees as stated in Section 3.a (1) above.

b. The Employer will inform employees of their right torequest and receive representation before any disciplinary

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and / or adverse action is imposed or an investigation, ex-amination or review is conducted which they have reasonto believe could lead to disciplinary or adverse action. TheEmployer will inform the employee of this right duringorientation week of each school year. In addition this in-formation will be given to individual employees in writingtwice each school year, once in September and again inJanuary. This information will also be included in theschool’s faculty handbook, if one is produced at the school.This notice will also be posted permanently on the schoolbulletin board.

c. (1) If the requested representation is not available, themeeting will be postponed for a reasonable amount oftime until representation is available.

(2) The Agency and the Union will make every reasonableeffort to provide another Union representative if a lo-cal union representative (LUR) or designee is notavailable.

Section 4. Official Records.a. Only documents authorized by the Office of PersonnelManagement (OPM) regulation shall be retained in the em-ployee’s Official Personnel File (OPF). All other documentsshall be removed. The employee has the right to reviewhis/her OPF and to have all unauthorized material removed.This purging will take place upon proper notification to theCivilian Personnel Office (CPO).

b. Employees will have access to, and are authorized tomake copies of documents in their employee file(s) main-tained by their supervisors.

Section 5. Personal Information. Personal information will bemade available to authorized persons only for official use asprovided by law, rule, or regulation.

Section 6. Access to Regulations - at the School Site. Employeeswill have access to any regulation affecting personnel policies

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and practices and working conditions as well as curricularmaterials pertinent to their teaching assignment which arenormally maintained at the local school. Upon request, em-ployees will be provided with a copy of each appropriatedocument or excerpts thereof.

Section 7. Warrants or Subpoenas. If an employee is to beserved with a warrant or subpoena while at school during thenormal duty day and Management knows in advance, it willmake every effort to assure that it will be done in private withoutthe knowledge of other employees or students.

Section 8. Investigations. Cross-reference to Article 35.Investigations.

Section 9. Military Grade Equivalency.

a. When an equivalent military grade is used for establish-ing entitlement to housing, travel, accommodations, etc.,such grade level determination shall be made in accordancewith the following:

Schedule C,D,E, and F Equivalent GradeUnit Employees

Steps 1-10 0-3 (GS-11)Steps 11 and above 0-4 (GS-12)

b. If the Military Departments place a grade equivalent onunit employee identification cards, the above militaryequivalent grades shall be used.

Section 10. Probationary Employees.

a. In accordance with Public Law 101-376, Civil ServiceDue Process Amendment, a probationary employee is de-fined as any DoDDS excepted service employee, other thanpreference eligible, who has not completed two (2) yearsof continuous service in a nontemporary appointment.

b. The trial period for temporary employees, who are reap-pointed or converted to permanent positions, will begin at

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the time of reappointment or conversion. Service in the tem-porary position will not count toward the two-year proba-tionary period.

c. Normally, by the end of the rating period, April 30, eacheducator serving in a trial period shall be informed whetheror not his/her performance is satisfactory.

d. If an employee’s performance necessitates the employee’sseparation, s/he must be informed in writing of the fol-lowing:

(1) Reason(s) for separation and statement of inade-quacies(2) Notice of the effective date of separation.(3) Appeal rights through the Merit Systems ProtectionBoard and EEO Commission.(4) The probationary employee may not grieve anyaspect of his/her removal under the negotiated grievanceprocedure.

e. Nothing in this section will reduce the length of time thata probationary employee must serve to be eligible for careerstatus.

f. If separated, the employee may request a waiver of his/herobligations for the Travel Agreement and Shipment ofHousehold Goods.

Section 11. Witnesses.a. When a unit employee is summoned or assigned to testi-fy or appear to produce records by or on behalf of the Em-ployer, or the United States Government, the District ofColumbia, or any state of the U.S. or local U.S. Govern-ment at a judicial proceeding, s/he shall be in official dutystatus, and entitled to his/her regular pay.

b. When an employee is summoned as a witness in anonofficial capacity on behalf of a private party in con-nection with any judicial proceeding to which the U.S., theDistrict of Columbia, or a state of the U.S. or local U.S.Government is a party, the employee is entitled to regularpay during the time absent as a witness.

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c. If an employee serves as a witness in a non-official ca-pacity on behalf of a private party not in connection withany judicial proceeding to which the U.S., the District ofColumbia, or a state of the U.S. or local U.S. Governmentis a party, the employee’s absence must be charged to AnyPurpose Leave or Leave Without Pay, and the employeemay accept fees and expenses from the court incidentalthereto.

d. Travel will be authorized when it is appropriate

Section 12. Postage for Official Documents. If the employeeis required by his/her supervisor or by the DoDDS PersonnelCenter to mail official documents related to his/her employ-ment, the employee will be provided a franked envelope pre-addressed to the DoDDS Personnel Center for the purpose ofmailing.

Section 13. Personnel Services. The Military Departments andhost nation control certain aspects of support that are not con-sidered personnel administration. For example, these servicesmay include, but are not limited to, the issuance of drivers’licenses, identification and privilege cards, vehicle registrations,authorization for rationed items, and permits unique to thecountry (i.e. Italian Soggiorno). These forms of support willcontinue to be provided by the Military Departments and lo-cal authorities of the host nation. Employees may obtain as-sistance, when necessary (i.e. certification of employee’sentitlement to the support), from DoDDS personnel represen-tatives located in the region or the DoDDS Personnel Center.

Section 14. Access to regulations - at the Civilian PersonnelOffice. If employees need access to regulations normally avail-able at the servicing civilian personnel offices of the MilitaryDepartments, they shall have access to these regulations fromthe servicing civilian personnel offices of the Military Depart-ments (as provided in the Inter Service Support Agreementswith the Military Departments). Access to regulations by unitemployees will be in accordance with procedures establishedin this Agreement.

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ARTICLE 3UNION RIGHTS

Section 1. Statutory Rights. By Title 5, U.S. Code 7114 (a) (1)and (2) (A) the Union is afforded the following statutory rights:

a. “7114. Representation rights and duties‘ ‘ (a) (1) A labor organization which has been accorded

exclusive recognition is the exclusive represen-tative of the employees in the unit it representsand is entitled to act for and negotiate collec-tive bargaining agreements covering, all em-ployees in the unit. An exclusive representativeis responsible for representing the interests ofall employees in the unit it represents withoutdiscrimination and without regard to labor or-ganization membership.

‘ ‘ (2) An exclusive representative of an appropriateunit in an agency shall be given the opportuni-ty to be represented at:

“(A) any formal discussion between one ormore representatives of the agency and oneor more employees in the unit or theirrepresentatives concerning any grievance orany personnel policy or practices or othergeneral condition of employment.”

b. The Union has the right to designate all of its represen-tatives. These representatives may designate someone to acton their behalf. Prior to conducting any formal meetinginvolving resolutions of grievances and discussions of per-sonnel policies, practices and working conditions, theUnion shall be notified.

c. The union shall have the right to present its views, oral-ly or in writing to any Agency, part of the executive branchof government, or to the Congress of the United States.

Section 2. Committees. If the Employer at the school or Region-al level, establishes a committee to advise on developing or im-plementing personnel policies and practices, the Union at the

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appropriate level will be authorized to appoint a representa-tive to said committee.

Section 3. Personnel Manual. As the Employer revises theDoDDS Manual on Personnel Policies and Procedures, it willobtain Union input and will submit a draft of the revision tothe Union for additional recommendations.

Section 4. Inter Service Support Agreements. The Agency willprovide two copies of current servicing agreements betweenDoDDS and the servicing agents.

Section 5. Meetings. Each faculty will normally have timereserved for one Union meeting per month held after the dutyday during which no other general meeting of the faculty isscheduled. This day will be mutually agreed upon locally bythe Employer and the Union.

Section 6. Rights of Union Representative in Investigations andExaminations. See Article 35. Investigations.

Section 7. Authority of Contract. The provisions of this con-tract shall have the weight and authority of Agency regulations.Where there is a conflict between this contract and Agency regu-lations, the contract language will be controlling.

Section 8. Access to regulations. If the Union needs access toregulations normally available at the servicing civilian person-nel offices of the Military Departments, the Union shall haveaccess to these regulations from the servicing civilian person-nel offices of the Military Departments (as provided in the InterService Support Agreements with the Military Departments).Access to regulations by the Union will be in accordance withprocedures established in this Agreement.

ARTICLE 4RIGHTS OF THE EMPLOYER

Section 1. Statutory Rights. By Title 5, U.S. Code 7106, theEmployer is afforded the following statutory rights:

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“7106. Management Rights

“a. Subject to subsection (b) of this section, nothing in thischapter shall affect the authority of any management offi-cial of any agency-

“(1) to determine the mission, budget, organization,number of employees, and internal security practicesof the agency; and

“(2) in accordance with applicable laws-“(a) to hire, assign, direct, lay-off, and retain em-ployees in the agency, or to suspend, remove, reducein grade or pay, or take other disciplinary actionagainst such employees;“(b) to assign work, to make determinations withrespect to contracting out, and to determine the per-sonnel by which agency operations shall be con-ducted;“(c) with respect to filling positions, to make selec-tions for appointments from-

“(1) among properly ranked and certified can-didates for promotion; or

“(II) any other appropriate source; and“(d) to take whatever actions may be necessary tocarry out the agency mission during emergencies.

“b. Nothing in this section shall preclude any agency andany labor organization from negotiating-

“(1) at the election of the agency, on the numbers, types,and grades of employees or positions assigned to anyorganizational subdivision, work project, or tour ofduty, or on the technology, methods, and means of per-forming work;

“(2) procedures which management officials of theagency will observe in exercising any authority underthis section; or

“(3) appropriate arrangements for employees adverse-ly affected by the exercise of any authority under thissection by such management officials.”

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ARTICLE 5UNION RESPONSIBILITIES

Section 1. Representation. The Union recognizes its responsi-bility to represent all employees in the Unit without discrimi-nation and without regard to Union membership.

Section 2. Strikes, Work Stoppages, Slowdowns and Picketing.

a. The Union recognizes that to call, or participate in astrike, work stoppage, or slowdown or to condone such ac-tivity, or picketing of the Employer in a labor managementdispute if such picketing interferes with the Employer’s oper-ations is illegal under Title 5, U.S. Code, Chapter 71.

b. Informational picketing is defined as picketing which isconducted on non-duty time in a manner which does notinterfere with the Employer’s operations. Consistent withthis subsection the Employer affirms the right of theUnion to engage in informational picketing.

ARTICLE 6EMPLOYEE RESPONSIBILITIES

Section 1. Employee Responsibilities. The Parties recognize thestandard applied to professionals and the obligations of em-ployees employed overseas on military installations. An em-ployee’s responsibilities include, but are not limited to:

a. reporting to work ready, willing and able to performhis/her professional duties.

b. exercising of self determination in such things as per-sonal appearance, personal beliefs and practices, social andprivate behavior so long as exercise of this right showsrespect for the students, parents, community memberswhom they serve, and the host nation.

c. familiarizing himself/herself with host nation and ser-vicing military regulations and so conducting himself/her-self in accordance with these laws and/or regulations.

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Section 2. Outside Employment. Outside employment shall notadversely impact on the employee’s duties.

ARTICLE 7EMPLOYER RESPONSIBILITIES

Section 1. Information. The Employer agrees that it will in-form employees where to obtain information on such mattersas: transportation rights, housing allowances, health and safetyprocedures, leave procedures, promotion opportunities, Fed-eral Employees’ Compensation Act, Standards of Conduct, In-centive Awards, retirement benefits, and Employee AssistanceProgram.

By August 1 of each school year, the Agency shall provide theUnion with a list of CONUS recruits and transferees includingwork address and assignment. The Agency shall also providethe Union with the names, work addresses and assignments ofany new employees including local hires as they become known.

Section 2. Introduction of Representative. The Employer willintroduce to employees the Local Union Representative dur-ing orientation week and thereafter to each new bargaining unitemployee assigned to the school.

Section 3. Agencies Servicing DoDDS. When the Agency andthe Union agree that an error was made or misinformation wasgiven to employee(s), or to the Union, by the Agency or its ser-vicing offices which resulted in employee loss of funds, rightsor benefits, the Parties shall jointly request that the employeebe made whole by the appropriate authority, normally theGovernment Accounting Office. This shall apply when therewas no indication of fraud, fault or lack of good faith on thepart of the employee. This course of action would preclude fur-ther grievance arbitration processing.

Section 4. Orientation Program. The Employer will developan orientation program at each school that may include infor-

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mation on the Federal Employees’ Compensation Act (FECA),housing, hold baggage and household goods, government fur-niture and appliances, dental and medical facilities, transpor-tation, commissary and exchange facilities, banking, POVregistration procedures, local culture, climate, Red Cross, com-munity service organizations, host nation laws, Status of ForcesAgreements (SOFA), military regulations, and civilian personnelrelated matters, etc. The Union may suggest items for orienta-tion of employees related to employment.

Section 5. School Year Calendar.

a. The Employer will establish a school year calendar inaccordance with DOD Directive 1400.13 and provide it tothe Union for comments.

b. Employees are entitled to all holidays as prescribed byFederal law, that may be added by Federal law, and thatmay be designated by Executive Order. Holidays will beobserved in accordance with applicable regulations.Whenever an employee whose regular work schedule re-quires him / her to work on Sundays or U.S. holidays, s/heshall be paid premium pay in accordance with applicableregulations.

Section 6. Matters Appropriate for Negotiations.

a. In exercising the right to make rules and regulations relat-ed to conditions of employment, the Employer shall givedue regard to, and abide by, the obligations imposed bythis Agreement and Title 5 U.S. Code Chapter 71.

b. Conditions of employment means personnel policies,practices, and matters affecting working conditions of em-ployees within the unit. The employer will give timely no-t i c e t o t h e U n i o n o f c h a n g e s t h e r e t o . P r i o r t oimplementation, the Employer will negotiate any newly for-mulated or proposed change to established personnel poli-cies, practices, and matters involving or impacting onworking conditions including reorganization.

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Section 7. Rules, Regulations and Other Documents. A com-plete and current set of all DoDDs regulations applicable toschool level operations will be maintained at every school. TheEmployer will have available a copy of each of the applicableservicing military agency grievance procedures at each school,and will provide the Union with 2 copies of the grievance proce-dures. The Union will be provided with 2 copies of changesto current regulations.

Section 8. Death Benefits Counseling. The employer will noti-fy a deceased employee’s designated next of kin as to the con-tact person(s) in the personnel office who will conduct the DeathBenefits Counseling.

Section 9. Emergency Evacuations. In the event of an emer-gency evacuation of employees or their dependents, or both,from duty stations for military or other reasons or because ofimminent danger to their safety and lives, the Employer shallensure the safe evacuation and the payment of compensation,post differential and allowances to affected employees in ac-cordance with pertinent regulations.

Section 10. Shipment and Storage of Goods. Employees willbe authorized the storage and shipment of household goodsin conjunction with assignments, reassignments and permanentchange of station moves in accordance with appropriate regu-lations.

Section 11. Transportation.

a. In accordance with Department of State StandardizedRegulations (DSSR), unit employees shall be entitled toround-trip transportation once a year at government expensefor each dependent under 23 years of age attending an in-stitution of higher learning in the United States.

b. Renewal Agreement Travel (RAT) Options. Unit em-ployees on Renewal Agreement Travel orders may choosefrom among the following alternatives:

1. Indirect, (circuitous) routing

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2. Deferred stops en route via AMC aircraft or char-tered airplane.

3. Commercial aircraft or AMC sponsored flights.

4. Accompanied or unaccompanied dependents travel

Any additional expenses incurred beyond the constructivecost as a result of utilizing the above options shall be borneby the employee.

Section 12. Personnel Services.

a. DoDDS Personnel Center Services.

(1) Labor-Management Relations: The primary pointof contact for DoDDS labor relations matters will bethe Center.

(2) Equal Employment Opportunity: Support will beprovided by the Center. DoDDS will retain reciprocaluse of equal employment opportunity counselors withthe Military Departments in order to ensure maximumfreedom of choice of counselors for the unit employees.

(3) Grievances and Appeals: The primary point of con-tact for DoDDS grievances and appeals will be theCenter.

(4) Employee Benefits, Incentive Awards and Perfor-mance Ratings: The DoDDS Personnel Center willprocess claims, incentive awards, performance awardsand ratings; as well as provide service and guidance.

(5) Personnel Administration: The DoDDS PersonnelCenter will maintain the Official Personnel Folders andprocess personnel actions for all DoDDS schools. TheMilitary Departments will continue to provide the sup-port not considered to be personnel administration.

b. Other Personnel support

(1) The Military Departments and host nation controlcertain aspects of support that are not considered per-sonnel administration. For example, these services mayinclude, but are not limited to,’ the issuance of drivers

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licences, identification and privilege cards, vehicle regis-trations, authorization for rationed items, and permitsunique to the country (i.e. Italian Soggiorno). Theseforms of support will continue to be provided by theMilitary Departments and local authorities of the hostnation.

(2) Employees will obtain assistance, when necessary(i.e. certification of employee’s entitlement to the sup-port), from DoDDS personnel representatives locatedin the region or the DoDDS Personnel Center.

ARTICLE 8MUTUAL RESPONSIBILITIES

Section 1. Policy. The parties agree to strive to improve com-munications between employees and Agency, to promote effi-ciency and fair treatment of employees, and improve the moraleand working conditions of employees. Such efforts will be fo-cused on the goal of making DoDDS a better place for teachersto teach and for students to learn.

Section 2. Transition Assistance. The parties agree to make ev-ery effort to ensure that new and newly assigned employees willhave a smooth transition into the school and community.

Section 3. Provisions of Law and Regulations. In the adminis-tration of all matters covered by the Agreement, the Partiesare governed by existing and future laws and the regulationsof appropriate authorities, including policies set forth in theFederal Personnel Manual; by published agency policies andregulations in existence at the time the Agreement is approved;by applicable policies and regulations of servicing military agen-cies; and by subsequently published policies and regulations re-quired by law or by the regulations of appropriate authorities.

Section 4. Benefits and Obligations of Law and Regulation.Benefits granted or obligations imposed upon employees by ap-plicable laws and/or regulations will not be denied or abrogatedbecause of exclusion from this Agreement.

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ARTICLE 9UNION REPRESENTATION

Section 1. Conduct of Representational Business.

a. Policy. In the furtherance of good labor-managementrelations, as provided for in The Civil Service Reform Act,it is understood that officially recognized Union represen-tatives have the responsibility of carrying out representa-tional duties: therefore, Union officials will be granted dutytime for the purpose of conducting representational duties.

b. Conduct of Activities. Representational activities maybe conducted during times that employees are not instructingstudents, such as before and after instructional day, dur-ing recess, lunch and preparation periods. All representa-tives recognizing their responsibility as governmentemployees, shall conduct representational business with asmuch dispatch as possible.

Section 2. Recognition of Representatives.

a. Listing of Union Officials. The Union will provide theagency with a list of Union officials and representatives in-cluding designated Local Union Representatives (LURs) assoon as possible after the beginning of the school year. Therewill be no more than one LUR per faculty who shall actas the official spokesperson for the Union in that school. TheUnion has the right to appoint any person to represent itat any school in the Unit, but first will make an effort toappoint an LUR from the faculty of the school s/herepresents.

b. OFT officials covered by the agreement may designateanother person to act in their behalf. Written advance no-tice of the designation will be provided to the managementofficial concerned. Any business by the designee andmanagement officials will have the full force and effect asbusiness conducted by the designating OFT official.

c. The union will designate two (2) representatives for the

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Regional level. Said representatives will be the point of con-tact for all representational matters for the bargaining unit.Any of the Regional Union Representatives may designateanother person to act in his/her behalf.

Section 3. Official Time.

a. School Level.(1) In schools where a regular period per day is notauthorized for representational matters, the Local Un-ion Representative (LUR) and the Principal will meetas needed, to determine the arrangements for timeswhich may be used by the LUR. Such arrangements thatmay be considered will be limited to,

(a) classroom coverage by another staff member;(b) class coverage for field/study trips or assemblies

or special events;(c) combining classes for special programs;(d) release from non-instructional duties; and,(e) additional arrangements may be raised for

discussion at the Regional JLMC meetings.These arrangements will be implemented ifmutually agreed.

These arrangements shall be at no cost to the Agency.The Principal will be notified at least one day prior tothe use of such time. The LUR will be responsible formaking the arrangements with the other teacher whowould assume his/her duties under these circumstances.Normal rules for approval of release time by supervi-sors will be applicable.

(2) When an elementary school and a high school areon the same base, but the high school does not havetwenty-six staff members, the Union may choose todesignate one representative for both schools. In suchinstances, if the representative is from the high school,the Local Union Representative (LUR) will be autho-rized one instruction free period of not less than fortyminutes per day for representational business.

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(3) In unit schools (K-S through K-12) when the LocalUnion Representative (LUR) is from the secondaryschool and is departmentalized, he/she shall be autho-rized one instruction free period of not less than 40minutes per day for representational business.

(4) (a) Schools with the following number of staff mem-bers are authorized the days for representational busi-ness as follows:

1-25 staff members 5 days per year26+ staff members 9 days per year

(b) In addition the Union will be provided a bankof 50 duty days from the above allocation whichmay be reallocated to other representatives at otherschools by the Union. These days may not be allo-cated in blocks exceeding five (5) consecutive daysat any one time. The Regional Union Representa-tive will notify the Management Employee RelationsOffice a minimum of three (3) days in advance pri-or to reallocating such time.

(c) In the interest of the education program, insecondary schools with a staff of 26 or more, theLUR will be authorized one instruction-free peri-od of not less than forty (40) minutes per day forrepresentational business. This will be authorizedwhere the LUR is not assigned a self-contained class.In those schools where a duty free period is autho-rized, the LUR will not be permitted to draw fromthe bank. The total number of days in the bank willbe decreased by the number of days allotted for anyschool where the LUR has an instruction-free peri-od for representation business in accordance withthe original plan.

(5) The use of official time under this section, if notregularly scheduled, shall be requested in advance, nor-mally three (3) work days, with the exception of para-graph (a)(l). The request must be in writing andspecifically state the reason for the request. Such re-

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quest will be approved by the principal absent compel-ling circumstances.

b. Regional Level. Upon written request prior to the be-ginning of the school year, two (2) employees, selected bythe Union will be released from duty to perform full-timerepresentational tasks as Regional Representatives. As de-termined by the Union, one full-time employee will be grant-ed full-time official time with the employer paying fullcompensation for the aforesaid employee and all benefitsto which the employee is entitled to as a full-time employee,consistent with law and regulations. The second full-timeemployee, designated by the Union will be authorized one-half official time, one-half LWOP with the employer pay-ing one-half the compensation for the aforesaid employeeand all benefits to which the employee is entitled as a full-time employee, consistent with law and regulations.At the conclusion of their term of office, these representa-tives will be authorized to return to their former positionsat the school to which currently assigned.

c. In the event that, at any one school or at the Regionallevel, the number of formal third party proceedings (arbitra-tions, ULP hearings, etc.) exceeds the cumulative time un-der this section, additional time may be granted by theLabor Relations representative(s) for the region,

d. Union officials designated to prepare Department ofLabor reports, Internal Revenue reports, and other offi-cially required reports will receive not more than one dayper year to accomplish this duty.

Section 4. Non-Employee Union Representatives.

a. Designated representatives of the Union, who are notemployees of the Employer, may be admitted to the Em-ployer’s schools if eligible with military authorities for thefollowing purposes:

(1) Meetings with officials of the Employer

(2) Contract Negotiations

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(3) Representation of an employee at any administra-tive or legal proceeding (i.e., Arbitration, MSPB,EEO, ULP, etc.)

(4) Any other activities specifically authorized by theterms and conditions of this agreement.

b. The Union shall provide the Employer with written notifi-cation, as far in advance as practicable with the visitor’sname, purpose of the visit, expected length of visit, expectedtime of arrival and departure, and other required infor-mation.

Section 5. Permissive Travel Orders. Upon request, the Em-ployer may provide Union Representatives who are employeesof DoDDS with appropriate permissive government travelorders for transportation for the purpose of conductingrepresentational business.

ARTICLE 10JOINT LABOR MANAGEMENT COMMITTEE MEETINGS

Section 1. Local Level. The parties agree that at the school levelmatters appropriate for discussion (personnel policies/practicesand working conditions) are best resolved on an informal ba-sis. The Local Union Representative and the principal, or hisdesignated representative, shall meet and confer at reasonabletimes. Either the Local Union Representative or the Principalmay require that there be formal meetings between the prin-cipal and such administrator or administrators (but not to ex-ceed three including the Principal) and the Local UnionRepresentative and such other Union repreesentative orrepresentatives (but not to exceed three Union representativesincluding the Local Union Representative) once each month,provided, however, that not more than seven (7) such meet-ings be required during any school year.

Section 2. Regional Level.

a. Policy. At the Regional Level, the parties recognize that

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many matters appropriate for consultation and/or negoti-ation are best resolved informally. To this end the Unionand the Agency agree to meet at reasonable times, infor-mally, to resolve day to day concerns. To facilitate plan-ning, a regular set time may be established by mutualagreement. Official time is authorized for these meetings.

b. Scheduled Meetings. To facilitate impact bargaining andprovide the means whereby the Union may present employeeconcerns to the Agency formally, scheduled meetings willbe held, commencing with the first year this agreement isin effect or earlier upon mutual agreement. These meetingswill be scheduled prior to the beginning of the school year;however, by mutual agreement the sites and times may beadjusted to reduce travel costs or facilitate travel.

(1) Joint Labor Management Committee Meetings. TheUnion may nominate five (5) representatives who willbe on official time to attend each of the five (5) sched-uled meetings. Travel and per diem will be authorizedfor two (2) Union representatives per meeting exceptfor the meeting held at the duty site of the full-timeRepresentative. One representative attending the meet-ing at the site of the full-time Union Representative shallbe authorized surface travel and per diem. An additionaltwo (2) representatives will also receive a travel day tofacilitate attendance.

(2) Impact and Implementation Meetings. The Union’sfull-time representatives or their designees will be onofficial time to attend the two (2) scheduled Impact andImplementation meetings. Travel and per diem will beauthorized to the Union representatives not assigned tothe meeting site.

c. Proposed Changes. Matters appropriate for consultationor negotiation at the Regional level are personnel policiesand practices relating to conditions of employment whichare within the discretion of the employer. If the Union wish-es to negotiate concerning the implementation or impacton employees of any Management or Union initiated

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change, the Union must declare its intent by submitting writ-ten proposals to the Agency’s representative within areasonable period after notification of the proposed change.

d. Agendas and Minutes. The parties agree to notify eachother of the tentative agenda items for each meeting at leastfifteen (15) calendar days in advance. Each party will beresponsible for keeping its own minutes of the meeting.

e. Sites of Meetings.(1) Joint Labor Management Committee Meetings. Themeetings will be rotated among Spain, Italy andGreece/Turkey. One (1) meeting will be held in Spain,three (3) in Italy, and one (1) in Greece/Turkey. Oneof these meetings will be held at the duty site of oneof the full-time union representatives. Only the full-timeUnion Representative or his/her designee may attendfrom outside the hosting country. The exceptions to thisare (1) for the meeting in Spain one representative fromthe Azores may attend, and, (2) for the meeting inGreece/ Turkey a representative from Bahrain may at-tend.

(2) Impact and Implementation Meetings. Two (2) meet-ings will be held in conjunction with the regional meet-ings. The two I & I meetings held in the region shallbe scheduled at a mutually agreed upon time but no laterthan two weeks following a scheduled JLMC. The siteof the I & I will be at the duty site of one of the full-time representatives.

f. Additional Meetings. One additional JLMC meeting ayear may be scheduled at the request of the Union; however,any travel or per diem will be at the Union’s expense.

Section 3. Permissive TDY Orders. Unfunded permissive TDYorders will be provided for one JLMC meeting attendee notassigned to the site of the meeting. These orders will cover travelto and from the meeting and the duration of the meeting. Theattendee on permissive orders shall be on release time for travelto and from the meeting and while at the meeting.

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Section 4. Additional TDY Orders. Funded TDY orders willbe provided to support two (2) TDY trips per year for travelto Spain and/or Turkey. The orders may be used by either ofthe two full-time Union Representatives. The orders will covertravel to and from one destination for each TDY with oneauthorized work day for each TDY.

Section 5. Recognition of Spokespersons. The Agency agreesto recognize the person designated by the Union as chiefspokesperson in the local and regional JLMC meetings. Suchdesignee will be empowered to act fully for the Union at theappropriate level.

ARTICLE 11UNION SPONSORED TRAINING

Section 1. Policy and Procedure.

a. The Union will be granted a bank of fifty-five (55) daysfor Union Sponsored Training of which fifty (50) days shallbe excused absence and five (5) days shall be leave-without-pay (LWOP). The Union retains the right to determinewhether the leave used will be excused absence or theLWOP. A written request for release time for the par-ticipants for Union Sponsored Training shall be submittedto the DoDDS Regional servicing personnel Labor Rela-tions representative(s), normally thirty (30) calendar daysin advance. If thirty (30) calendar days notice cannot begiven, the Union will notify the Agency’s designated LaborRelations Representative approximately when notice willbe given. The Agency will make efforts to accommodatethe request if notice is given less than thirty (30) days inadvance. Such request shall detail a listing of employeesrequested to attend and the school where assigned with theunderstanding that substitutions can be made. The train-ing will deal with labor relations.

b. Excused absence may be granted for up to twenty-four(24) hours per school at any one time, to be taken in incre-

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ments of no less than eight (8) hours, to attend Union Spon-sored Training.

c. Such training shall not be scheduled during the first two(2) weeks of school; the last two (2) weeks of school; norduring the weeks ending grading periods. No more thanthree (3) representatives per school may attend any train-ing session at one time. Each employee designated for train-ing may be authorized one (1) day travel, except that thetotal authorization under this provision for training andtravel shall not exceed fifty-five (55) days per year or twenty-four hours per training session.

d. Not later than thirty (30) calendar days from the end ofthe training, the Union shall certify attendance at the train-ing in writing to the Agency’s designated Regional LaborRelations Representative.

Section 2. Employee Contract Orientation.

a. The Parties recognize the importance of employeefamiliarization with the negotiated Contract. The Agencyauthorizes the dismissal of school one (1) hour early forone (1) day at each school for employee orientation duringthe initial school year in which the Contract is approved.The Union will notify the Agency at least fifteen days inadvance of its desired schedule for closing.

b. In subsequent years in which the Contract is effectivethe Agency will provide, upon Union request, at each schoola block of two (2) hours during orientation week in whichthe Union may provide orientation training.

c. While employee attendance is voluntary, this time is con-sidered official time and employees not attending are ex-pected to remain on duty.

Section 3. Permissive Travel Orders. Upon request, the Em-ployer may provide Union Representatives who are employeesof DoDDS with appropriate permissive government travelorders for transportation for the purpose of conductingrepresentational business.

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ARTICLE 12USE OF OFFICIAL FACILITIES

Section 1. Postal Services / Distribution Boxes.

a. Within each school, the Agency will provide the Unionwith a distribution box similar to and in the same locationas employee distribution boxes. This box will be forUnion use.

b. The Union shall be allowed to distribute literature to em-ployees’ school distribution (mail) boxes.

c. Upon request the Agency shall assist the Union in ob-taining a postal box at the military postal office at the ap-propriate base/installation.

Section 2. Bulletin Boards.

a. (1) The Agency will provide the Union with a bulletinboard in each school’s employee lounge(s) or otherappropriate location as determined locally.

(2) This is for the exclusive use of the Union.

Section 3. Use of School Facilities. The Union will request useof school facilities in advance and in writing to the principal.Such a request shall include date of desired use, room request-ed, reason for usage, and person responsible. Such use will begranted unless it conflicts with the educational program. If theUnion official in charge has the means to secure the facilityand a security problem results, use of the facility may be cur-tailed.

Section 4. Communications Media.

a. Telephones.(1) The Union shall be permitted reasonable use of bothDSN (autovon) and commercial telephones for represen-tational business. When required by Management allcommunications will be recorded in a communicationlog provided by management.

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(2) The two full-time Regional Union Representativeswill be authorized reasonable use of commercial longdistance telephone service for representational businesswithin the Region. They are also authorized reasona-ble use of commercial long distance telephone serviceto contact the DoDDS Personnel Center, arbitrators,mediators and other government officials which arenecessary in carrying out representational responsi-bilities.

b. Facsimile Machines (FAX).(1) Upon approval of the school principal or RegionalOffice or DoDDS Personnel Center, the Local UnionRepresentative may use the FAX to send material deal-ing with representational matters to the two full-timeRegional Union Representatives, the Regional Office,the DoDDS Personnel Center or any other approveddestination.

(2) The two Regional Union Representatives will beauthorized reasonable use of DODDS facsimile equip-ment at their assigned duty locations to contact theDODDS Personnel Center and/or the Regional Officeor any other approved location concerning representa-tional business. The Regional Union Representatives willinform the principal of the need to transmit documentsconcerning representational business. The Regional Un-ion Representatives will secure approval for facsimiletransmission by obtaining the principal’s initials or sig-nature on the transmittal sheet. It is understood thatthe facsimile documents are accessible to Management;however, Privacy Act Requirements must be recognized.Use of DODDS facsimile equipment is limited to trans-mitting to the DODDS Personnel Center and/or Region-al Office and any other approved location.

c. Electronic Mail. Offical representatives of the OFT willbe authorized to utilize the current cc:mail and any replace-ment electronic mail under the following conditions:

(1) OFT Local Union Representatives will be authorized

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two-way communications with the appropriateRegional Union Representative.

OFT

(2) The OFT Regional Union Representatives will beauthorized two-way communications with each other,the DODDS Personnel Center, the Regional Office, andtheir Local Union Representatives.

(3) At the Union’s request, the OFT Regional UnionRepresentatives will be authorized two-way communi-cations with each other, the DoDDS Personnel Center,the Regional Office and its Local Union Representa-tives from the two OFT Regional Union Representa-tives’ designated offices if the OFT funds and maintainsthe necessary remote access hardware and software.

(4) The communications may be used only for represen-tational purposes.

(5) The electronic mail may be routed to school andoffice “mail boxes” for distribution to individuals. Itis understood that the electronic mail messages are ac-cessible for management and technical reasons;however, Privacy Act requirements must be recognized.

Section 5. Faculty Meetings.

a. After the formal close of any faculty meeting, Manage-ment shall announce that the Union will be granted at leastfive (5) minutes time for the purpose of making general an-nouncements. The Agency’s representative shall not bepresent unless requested by the Union. Employees will notbe required to remain.

b. Any written agenda of the faculty meeting shall includea statement that the Union will be granted 5 minutes afterthe close of the meeting.

Section 6. School Equipment. The Union is authorized reasona-ble use of school duplication, photocopiers, audio visual equip-ment, computers and word processors, with the approval ofthe Agency.. Use of other school facilities or services not spe-cifically provided by this Article is not authorized.

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Section 7. Mail Service. OFT officials may use available mailservices at their schools. The Union may add to mail destinedfor other offices and send the total package in franked enve-lopes (or its equivalent). The Union will be authorized the useof available mail drops.

Section 8. Reference Section. The Union is authorized to placereference materials which it provides to its unit members in theunit schools. Professional journals, magazines, books, and otherperiodicals and publications will be locally selected and pro-cured depending upon current department interests, needs andavailable funding. The location of these materials shall be decid-ed by mutual agreement between the school principal and theLocal Union Representative.

ARTICLE 13INFORMATION TO THE UNION

Section 1. Request for Information. Normally: (1) Oral requestsfor appropriate information from the Employer shall beresponded to with oral replies; (2) Local Union Representativeswill request information from principals; (3) the RegionalUnion Representatives will request information from theRegional Office; and (4) requests for information from theRegional Office will be addressed through the Management Em-ployee Relations Branch by the Union.

Section 2. Union Access to Regulations. The Employer agreesthat the Union will have access to regulations relating to per-sonnel policies, practices, and matters affecting working con-ditions maintained at the school level or the Regional level. Itis understood that for the purposes of this section, regulationsinclude official directives, pamphlets, instructions, and manuals.Upon request, the Union will be provided a copy of any regu-lation or appropriate portions thereof, if available, at the schoolor regional level.

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Section 3. Copies of Regulations. The Employer will provideto the Union two (2) copies of new DoDDS issuances pertain-ing to personnel policies and practices and working conditions.A copy will be sent to no more than two (2) addresses provid-ed by the Union. Said issuances will be provided as soon aspracticable. Principals will provide the Local Union Represen-tatives with one (1) copy of all issuances received through theEmployer’s distribution channels (Distribution Code M) regard-ing personnel policies and practices and working conditions.

Section 4. List of Employees.

a. The Employer will provide upon request a copy of itscomputerized alphabetical listing and listing by school ofemployees containing school address, title of position, gradelevel and pay.

b. As soon as practicable, DoDDS will provide to the Un-ion an up-dated listing of the names of all unit membersaccepting a transfer or reassignment.

c. As soon as practicable, at the start of each school year,the Principal shall provide the Local Union Representativea list of unit members in the school.

Section 5. Upon request, the following information will beprovided to the Regional Union Representatives in a timelymanner:

1) A copy of the manpower voucher for each school in ef-fect as of 1 August of the next school year but issued inthe previous school year (normally January / February).Others will be provided upon request.

2) Two copies of the DoDDS telephone directory. If a lo-cal school directory is published, it should also be provided.

3) Two copies of application book, “Overseas Opportu-nities.”

4) Two copies of the Applicants Evaluation Guide.

5) Two copies of the DoDDS profile.

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6) Two copies of the current copy of each new budgetcycle as reported by the Agency.

Section 6. Lists of Officials. An up-to-date list of all DODDSPersonnel Center officials, their work addresses, telephone andfacsimile numbers and their job titles will be furnished to theUnion. An updated list will be provided to the Union as changesare made.

ARTICLE 14VACANCIES AND PROMOTIONS

Section 1. Scope and Policy. This article applies to placementactions taken within the bargaining unit.

a. Union rights. The Union has the right to negotiate onimpact and implementation of procedures and/or changesto promotion or reassignment procedures within the bar-gaining unit and to review those actions taken.

b. Employee rights. Employees have the right to apply andbe considered for reassignment /promotion for positionswithin the bargaining unit for which they qualify in accor-dance with announced eligibility requirements. The Partiesrecognize that employees are entitled to full and fair con-sideration for advancement and that selection should bemade from among the best qualified candidates.

c. Career Counseling. Upon request, the Agency shall pro-vide career counseling to individual employees. Employeesare responsible for submitting and updating promotion ap-plications.

Section 2. Vacancies and Staffing Adjustments.

a. Policy. The Employer will determine whether a vacancyexists; whether to fill the vacancy or abolish or restructurethe vacancy; and from what source, i.e., local recruitment,reassignment, CONUS recruitment, etc., to fill the vacan-cy. Vacancies shall be filled consistent with this Article andapplicable law and regulation.

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b. Definition. A vacancy, for the purpose of this Agree-ment, is defined as any unfilled funded position for whichrecruitment is intended.

c. Prior to submission of a vacancy to outside recruitment,the principal will review applications from unit employeeswho wish to be reassigned to known or anticipated withinschool or school complex vacancies. Unit Employees whoare fully qualified may request reassignment within theschool or school complex and be given consideration forany vacancies that occur.

d. Upon receipt, vacancy announcements from other regionswill be posted until their closing dates. Copies of vacancyannouncements shall be provided to the Union officials atLocal and Regional level.

e. Applicants not selected under Inter Regional TransferProgram (IRTP), who have indicated placement interestwithin DoDDS, will have their names added to the list ofvoluntary reassignment candidates for DoDDS locations list-ed on their IRTP application. Persons who want consider-ation for positions or locations not listed on the IRTPapplication, may request such consideration by submittinga letter to the Regional Director.

Section 3. Temporary Promotions. A unit employee who is tem-porarily assigned to a position classified at a higher pay rateshall be given a temporary promotion on the thirty-first (31st)calendar day of the assignment, provided that the unit employeemeets qualification requirements for the position.

Section 4. Review Rights. Upon request, the Union may reviewapplications, listings of vacancies identified by the Employerfor recruitment, and listings of the manner in which vacancieswere filled, including names.

Section 5. New positions. Whenever new positions are estab-lished within the Bargaining Unit (i.e.: Instructional (Peer)

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Coach, TST Trainers, Computer Coordinators), the Union willbe informed of:

(1) the establishment of the position(2) the position description(3) the qualifications for the position(4) the responsibilities of the position(5) the selection procedures to include the ranking factors.

ARTICLE 15REASSIGNMENTS

Section 1. Policy. The Union and the Employer agree that thereassignment process will be governed by law and regulation.The impact and implementation of any changes in eligibilityrequirements and reassignment procedures will be negotiatedwith the Union.

Section 2. Definition. A reassignment is the change of the as-signment of an employee from one position to another posi-tion without promotion or demotion (that is no increase ordecrease in the pay of the position).

Section 3. Annual Survey of Intent.

a. Each school year the Agency will survey employee in-terests for the following school year.

b. The Agency will provide the Union a copy of the surveyresults upon request.

Section 4. Reassignment Options. Employees may request reas-signment anywhere within DoDDS for any reason.

Section 5. Acceptance of reassignment. An applicant may with-draw from the program without penalty if Agency receives thewithdrawal from the unit employee or the Union prior to thebeginning of that transfer round.

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Section 6. Compassionate Reassignments. Employees may re-quest special consideration for reassignment for personal rea-sons / conditions. The request should include supportivedocumentation. Requests will be reviewed by the Employer ona case by case basis. Upon request, Agency and a UnionRepresentative and/or the employee will meet to discuss themerits of a compassionate transfer.

Section 7. Requirement for Transportation Agreement. Em-ployees may request reassignment within DoDDS regardless ofcompletion of a current Transportation Agreement, however,when reassigned, employees must sign a new TransportationAgreement for the location to which assigned.

Section 8. Information to the Union. Upon request, the Agen-cy will provide the Union the following information:

a. A list of employees who have requested reassignmentwithin DoDDS that includes: name, present teaching as-signment and location, if spouse reassignment is a condi-tion, school and country requested and positions for whichcertified.

b. A list of vacancies reported to DoDDS for the TransferProgram and CONUS recruitment.

c. A listing of unfilled positions as of 1 June.

d. Upon request, DoDDS will provide the Union with a copyof all known and anticipated openings.

Section 9. Transfer Program.

a. Management will make every reasonable effort to noti-fy employees who have been declared surplus or excess intime to participate in the DODDS transfer program.

b. If the Agency changes the criterion of the World-WideTransfer Program from Service Computation Date (SCD)to a point system or any other system, the Agency will notifythe Union.

c. Transfer applications will be distributed to employees bythe Agency.

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d. When available, the Union will be provided a listing ofpositions that were offered and accepted or declined anda list of positions which remain unfilled.

e. A subsequent list of transferees in and out of the Regionas well as Stateside hires will be provided to the Union atthe start of each new school year and at the end of eachfiscal year.

f. A Union Representative shall be provided with the op-portunity to be present at all transfer meetings/rounds in-volving the placement of employees through the transferprogram. The Union will be notified by the Agency as towhen the program will be held.

Section 10. Involuntary reassignments.

a. While involuntary reassignments shall be kept to a mini-mum, pursuant to the Employer’s education mission, it maybecome necessary to involuntarily reassign a unit employeeeither from one school location to another school locationor from one assignment in one grade/subject area to anothergrade/subject area with different qualification standardsfrom the grade/subject area currently being taught. Nor-mally, the Employer shall accomplish such reassignmentsthrough the use of qualified volunteers who shall have twoduty days in which to respond. Whenever qualified volun-teers are not available, an individual may be selected forinvoluntary reassignment with as much advance notice ascircumstances warrant. The written notice of involuntaryreassignment will contain the following as a minimum:

(1) reason(s) for the reassignment;(2) why the unit employee was selected;(3) an opportunity for the individual to give reasons

why he/she should not be reassigned. In this state-ment, the individual should include any extenuat-ing circumstances of a personal nature which he/shefeels should be taken into consideration.

(4) that the employee has not less than three duty daysin which to respond as per 12.b(3).

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b. Rights of involuntarily reassigned excessed employeesprior to Permanent Change of Station (PCS). When an em-ployee has been involuntarily reassigned to a position thathe/she did not request and another position becomes avail-able for which the employee is qualified, the displaced em-ployee shall be given the opportunity to accept the newposition provided a permanent change of station has nottaken place.

Section 11. Drawdown Procedures - Within School Complex.Nothing in this article shall prevent unit employees from par-ticipating in the World-Wide Transfer Program.

a. In the event of a staff drawdown / realignment necessi-tated by declining enrollment, or changes in the program,DODDS management first shall notify the faculty of thesituation immediately. The staff should be briefed on thefollowing:

(1) actual staffing requirements(2) actual staffing reductions(3) procedures for local placement of teachers(4) procedures for Regional placement of teachers.

b. Teachers who are identified as SURPLUS (EXCESS) willbe placed as follows:

(1) reassignment within the school/school complex, inaccordance with this Article on Reassignments,

(2) reassignment within the district, utilizing the sameprocedures as outlined in Section 12 of this Articleon school closures.

c. A Reassignment Questionnaire (with an identification ofschool/ school complex, and areas within the Region asavailable for preferences) will be used by all excess /sur-plus teachers.

d. Unit employees who volunteer will receive considerationas described in b. above, in accordance with the followingcriteria:

(1) earliest Service Computation Date (SCD)(2) length of service at current location

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The Union will designate a representative who will be giventhe opportunity to be present during the placement process.

e. Surplus / excess unit employees who cannot be placedwithin the District will be identified to the DoDDS PersonnelDivision for reassignment assistance world-wide, in accor-dance with Section 12 on school closures.

Section 12. Drawdown Procedures - School Closures, etc.Nothing in this article shall prevent unit employees from par-ticipating in the World-Wide Transfer Program.

a. Policy. The procedures of this section will be used foreligible unit employees within a school that closes, reducesin size, or consolidates, and for eligible unit employees whoare identified as SURPLUS / EXCESS in a school under-going staff reduction and who cannot be placed under Sec-tion 11 of this Article.

b. The Agency will notify the OFT of planned closure and/ or manpower surplus at an affected school(s). The notifi-cation will include the name of the school, the positionsaffected, and staff members affected, including copies ofmanpower authorization documents.

c. Designated representatives of the OFT and DoDDS mayjointly meet with affected employees. At this meeting, theaffected employees shall be advised of their rights and ob-ligations resulting from the school closure and / or draw-down, and will be provided with an application (seeAppendix A), that must be submitted to their school prin-cipal within five (5) workdays of receipt. DoDDS will for-ward copies of all applications to the two full-time OFTrepresentatives.

(1) The Agency will provide the OFT full-time represen-tatives with a list of NTE positions which exist withinDoDDS at the time the applications are being distribut-ed. Manpower vouchers for the current School Year(SY) as well as subsequent School Years, when final-ized, will be given to the OFT full-time representatives.

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(2) When placements are to be made, NTE and otheravailable positions will be listed by the category num-bers used in the transfer program. Vacancies at thesecondary level shall be listed by half-time teaching as-signment, if applicable, so as to permit filling of vacan-cies by combining any two half-time assignments.

(3) In order to insure that the maximum number ofvacancies are available for placement purposes, localrecruitment in DoDDS may be frozen in those locationsindicated by affected employees as their preferences.

(4) Each applicant and the principal shall jointly verifythe teaching categories for which the applicant is quali-fied. Any disputes shall be submitted to the DODDSPersonnel Staff for determination. The OFT full-timerepresentatives, or their designees, are authorized to par-ticipate in reviewing the employee’s qualifications andprovide input.

(5) Applicants shall be deemed to be qualified for anyposition for which they are currently certified.

(6) By means of the Reassignment Questionnaire, unitemployees shall be given the opportunity to apply forvacancies by School. Consideration for priority place-ment shall be given to applicants who request specialcircumstances on the Reassignment Questionnaire. Ap-plicants will be processed beginning with unit employeeshaving the earliest Service Computation Date (SCD).In the event two or more qualified unit members havethe same SCD, the following tie-breaking criteria apply:

(a) length of service at current location(b) credits earned toward qualification for position

(7) Two teachers who are members of the same house-hold / family, shall be able to apply separately with eachusing their own SCD or they can average their SCD.In both cases, reasonable efforts will be made to placesuch applicants at the same school or within a reasonablecommuting distance.

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d. Unit employees reassigned pursuant to these proceduresshall not lose accumulated transfer points.

e. Unit employees reassigned pursuant to these procedureswho are completing one year of a two year transportationagreement shall be entitled to a Permanent Change of Sta-tion (PCS) move to their new duty station. In accordancewith JTR, Volume II, C4164, 2.b, the first school year ofservice at their new location will complete the second con-secutive school year of service required under their two yeartransportation agreement.

f. If no offer can be made (based on the unit employee’spreferences as identified in the application) the affectedteacher shall be given priority consideration to any vacan-cy that becomes available in any of the unit employee’spreference school/areas until May 1st of the affected SY.In the event an employee has not been placed within his/herpreference areas by May 1st of the affected SY, the two(2) alternate school/area preferences will be considered(refer to Appendix A: Reassignment Questionnaire). If anoffer cannot be made by June 1st of the affected SY, wi-thin the employee’s preference, taking into considerationthe two alternate areas of preference, the employee maybe reassigned to a vacancy anywhere in the region. If theemployee cannot be assigned within the region, the employeewill be referred to the World-Wide Transfer Program asexcess, if the World-Wide Tranfer Program is being con-ducted, and if the employee cannot, the employee will beissued a Reduction In Force (RIF) notice and placementwill be in accordance with Article 29 of this Collective Bar-gaining Agreement. Any separation action will be effectiveno earlier than the last duty day of the affected SY.

g. Acceptance or rejection of assignment must be provid-ed by the employee, in writing, to the school principal,within five (5) working days absent circumstances beyondthe employee’s control. The unit member must present theschool principal with a request, in writing, for an exten-

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sion of time to reply. Failure to either accept / reject orto contact the school principal for extension will result inwithdrawal of the offer.

h. The OFT full-time representatives, or their designees,will be notified of, and given an opportunity to attend andmonitor all placement efforts within DoDDS. It is antici-pated that management will attempt to provide the unionthis opportunity once each week until all applications areprocessed. When, and if, additional vacancies exist at thetime the OFT full-time representatives, or their designees,visit the DoDDS Regional Office, a copy of the vacancieswill be given to them. The Agency will normally processthese applications as they are received and the Union willbe given an opportunity to observe.

ARTICLE 16TEMPORARY - NOT TO EXCEED (NTE)

Full and Part Time Appointments

Section 1. Conversion Policy.

a. Employees appointed in an overseas area to positionswill be in accordance with DOD Directive 1400.13. Uponsatisfactory completion of a cumulative period of eight (8)calendar months during one or more school years in a partor full-time position with the DOD Overseas DependentsSchools System, the employee may be converted to an Ex-cepted Appointment-Conditional at the end of the currentschool year.

b. A fully qualified employee appointed in the United Statesor one who has previously served at least eight (8) calen-dar months in a part or full-time position with the DODOverseas Dependents Schools System will, upon appoint-ment to a continuing part or full-time position, be given-

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an Excepted Appointment-Conditional, unless eligible foran Excepted Appointment without condition.

Section 2. NTE’s (full or part-time) are eligible to sponsor ex-tra curricular activities and attend DoDDS workshops.

ARTICLE 17COMPENSATION AND BENEFITS

Section 1. Teacher Salary. In accordance with the Statute(PL 86- 91 as amended by PL 89-391) the basis of teacher sa-lary will be fixed at rates equal to the average of the range ofbasic compensation for similar positions of a comparable lev-el of duties and responsibilities in urban school jurisdictionsin the United States of 100,000 or more population. Uponreceipt of salary schedules, the Employer will furnish theUnion a copy. Employees shall be given the option of receiv-ing their yearly salary on the basis of 21 pay periods (over tenmonths) or 26 pay periods (over twelve months).

Section 2. Housing Allowances and Differentials.

a. In accordance with DOD Directive 1400.13, entitlementof employees to quarters, quarters allowances, cost of liv-ing allowances, and post differentials shall be determinedin accordance with Standardized Regulations (GovernmentCivilians, Foreign Areas) issued by the Department of State,April 1961, as amended, and other appropriate regulations,except that other provisions as described in this article shallapply.

b. Eligibility for transportation benefits shall be determinedin accordance with the Joint Travel Regulations, VolumeII, and other appropriate regulations.

Section 3. Temporary Living Allowance and Living QuartersAllowance for Newly Arrived Employees.

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a. Employees will be authorized the Temporary Living Al-lowance permitted by the government in regard to both timeand money consistent with applicable regulations.

b. When the Living Quarters Allowance of a newly arrivedemployee(s) does not sufficiently cover expenses for hous-ing and utilities, the employee(s) may request the servicingCivilian Personnel Office to file a report with the Depart-ment of State Allowances staff.

Section 4. Travel.

a. Employees will be provided with appropriate travel docu-ments in accordance with the provisions for Joint TravelRegulations, Volume II, for directed travel. Entitlementsfor TDY and PCS travel shall be in accordance with pro-visions of the Joint Travel Regulations, Volume II.

b. A unit employee on official business (permanent dutytravel or temporary duty travel) will exercise the same carein incurring expenses and accomplishing the mission thata prudent person would exercise if traveling on personalbusiness. When possible, travel will normally be scheduledso employees may travel during their regular hours of duty,in accordance with JTR, Volume II, Section C1058, Ch.343 5/l/94, CIB-7,8.

c. When necessary to attend approved courses, and withthe consent of the principal, employees will be excused fromduty without loss of pay or charge to leave to attend class-es which begin before the school year ends or ends afterthe school year begins.

d. The Employer may provide Government transportationand transient Government facilities for employee attendanceat a meeting of a technical, professional, scientific, or othersimilar organization for which an employee has been autho-rized by the Employer to attend in a duty or non-duty status.

Section 5. Tour of Duty. The tour of duty, that is the lengthof time an employee must remain in a duty location upon ap-pointment/reappointment, will be in accordance with the JTR,

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Volume II. The Union will be notified, in advance, ofchanges in tour of duty. The Union may request to negoti-ate the impact and implementation of any changes in tourof duty.

Section 6. Late Pay. Upon notification of the employee to theEmployer of failure to receive the correct amount due on a regu-lar scheduled pay day (i.e. underpayment or no payment), theEmployer will request from the servicing finance office thata corrected or supplemental check be issued as soon as prac-ticable.

Section 7. Debt Collection Act Procedures.

a. In the event of any error causing an employee to receivean overpayment of authorized entitlements, the Employeror servicing finance office will provide the employee writ-ten notice, informing such employee of the nature andamount of the indebtedness determined by the Employeror servicing finance office to be due and the intention ofthe Employer to initiate proceedings to collect the debtthrough deductions from pay. This notice may be by letteror electronic mail message. The notification will include theemployee’s rights under the Debt Collection Act. If the unitemployee is aware of any overpayment and has not beennotified by the Employer of this overpayment, the unit em-ployee has the responsibility to notify the Employer of theoverpayment and make arrangements to repay this debt.The following shall apply:

(1) A unit employee may request a waiver to the over-payment. However, the Debt Collection Act states thata claim of the United States against a person arising outof an erroneous payment of pay or allowances may bewaived only under certain standards. The final decisionon granting the waiver rests with the Employer.

(2) If it is determined an overpayment must be repaidby deduction from the employee’s pay, arrangementswill be made with the employee to determine when thedeductions will be made and the amount of deductions.

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Under no circumstances will an employee’s pay bereduced by more than fifteen (15) percent of disposa-ble income per pay period, except that a greater amountmay be deducted upon written consent of the individu-al involved. Disposable income is defined to mean theindividual’s remaining income after the deduction fromhis/her earnings of any amounts required by law to bewithheld.

(3) The due date for full payment is thirty (30) calen-dar days unless proceedings to collect the debt throughdeductions are initiated by the servicing payroll office.If the employee does not agree to pay the debt volun-tarily, involuntary offset is authorized under 5 U.S. C.5514,

(4) Unit employees shall be entitled to an oral hearingor administrative hearing. An oral hearing shall includethe right to present evidence, including witnesses anddocuments. An administrative hearing shall include areview of the written records. The parties agree that themost cost effective means of conducting hearings shouldbe utilized, when appropriate.

(5) The filing of a petition for hearing shall stay the com-mencement of collection proceedings pending decisionof the hearing officer. The filing of the petition mustoccur on or before the fifteenth (15th) day followingreceipt of the notice of indebtedness.

(6) If an oral hearing is conducted, the Employer mayelect to hold the oral hearing through available telecom-munications.

(7) If an oral hearing is conducted, employees shall havethe right of reasonable pre-hearing discovery and theopportunity to question material government witness-es concerning their calculations and conclusions of in-debtedness.

(8) The hearing may not be conducted by an individualunder the supervision or control of the head of the Em-

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ployer, except that nothing in this article or the DebtCollection Act shall be construed to prohibit the ap-pointment of an administrative law judge. Table 30-1,DOD 7000.14-R, Financial Management Regulation,Volume 5, should be used as a guide for selecting hear-ing officials.

(9) If the unit employee retires or resigns before collec-tion of the debt is completed, all final pay (salary andlump-sum leave) must be applied to the unliquidateddebt balance by administrative offset under U.S.C. 3716without additional notification.

(10) The erroneous withholding of pay based on the debtcollection process may be subject to back pay and in-terest as provided for by law.

b. The unit employee may exercise whatever right to reviewa decision of the hearing officer he or she may have underlaw. If the Employer violates the Debt Collection Act orthe provisions of this Article, a grievance may be filed bythe unit employee under the provision of the negotiatedgrievance procedure. It is understood that this Article ap-plies only to debts owed by unit employees within theDepartment of Defense and does not apply to debts owedto other Federal agencies.

Section 8. Danger Pay. The Employer will request the appropri-ate authority (officials) authorize danger pay allowance whenunit employees are assigned to areas where danger pay is grantedto either military or other civilian personnel servicing in thesame duty site.

Section 9. Direction to do additional duties: Premium Pay.

a. Employees are entitled to all holidays as prescribed byFederal law, that may be added by Federal law, and thatmay be designated by Executive Order. Holidays will beobserved in accordance with applicable regulations.Whenever an employee whose regular work schedule re-quires him/her to work on Sundays or U.S. holidays, he/she

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shall be paid premium pay in accordance with applicable regu-lations, in accordance with DOD Directive 1400.13.

Section 10. Proper and Timely Pay.

a. Policy. The Agency and the Union agree to the goal thatthe unit employees be paid in a timely, accurate manner.

b. To implement this policy of financial services, the fol-lowing conditions will apply,

(1) unit employees will have an electronic mail (cc:mail),telephone, and FAX capability, when necessary, thatties into the finance office(s) which service them. Thiscan be used for inquiries and responses.

(2) normally, pay inquiries will be responded to withinthree (3) duty days.

(3) when a change in a unit employee’s pay is substan-tially different in amount of pay by the error of thefinance office, the unit employee will be notified as soonas possible. Normally, a substantial difference is definedas $100.00 or more.

(4) when payment is delayed and not received on theeffective date by a finance office error (of which thefinance office is aware), the unit employee will be noti-fied as soon as possible.

(5) a worksheet and letter of explanation will accom-pany each unit employee’s Living Quarters Allowance(LQA) annual reconciliation. Normally, completion ofthis task will occur no later than two pay periods afterreceipt of data from personnel office.

(6) a worksheet and letter of explanation will accom-pany each unit employee’s annual retroactive pay raisereconciliation. Normally, completion of this task willoccur no later than two pay periods after receipt of thenew pay schedules from personnel.

(7) all finance offices will maintain strict complianceto the provisions of the Debt Collection Act and its im-plementing regulations.

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(8) the Agency will encourage/urge finance offices toissue newsletters and other civilian pay literature forwidespread circulation to unit employees.

(9) the Employer will recommend to the appropriatefinance officials that the leave and earnings statementidentify all income and deductions for each pay period.

(10) the DoDDS Personnel Center will make every ef-fort to forward all data on annual LQA reconciliationto the servicing finance offices within a reasonableamount of time after receipt of the LQA vouchers fromunit employees. The parties recognize that due tomitigating circumstances (i.e. incorrect data submittedby employee, verification of data submitted by em-ployee, etc.), there may be some delays in forwardingthis data to the finance office.

c. Payment. Within fifteen (15) days after notification bythe employee that the Extra Duty Assignment was complet-ed, the Agency will notify the appropriate finance officeauthorizing payment.

ARTICLE 18EQUAL EMPLOYMENT OPPORTUNITY

Section 1. Policy. The Parties agree to cooperate in providingequal employment opportunity for employees; to prohibit dis-criminiation based on race, color, national origin, religion, age,sex, physical handicap, marital status, or political affiliationas provided by law, rule, or regulation and to promote equalemployment opportunity through a continuing program. TheParties are committed to the goals for the Federal Equal Em-ployment Opportunity Program.

Section 2. Information. The Employer, in coordination withthe servicing military installation, shall provide information onEEO complaint procedures and make EEO counselors availa-ble to handle EEO complaints. Such counselors need not beemployees.

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Section 3. EEO Counselors. Employees serving as EEO coun-selors shall do so voluntarily. Such counselors shall be trainedas determined appropriate by the Employer within availableresources. Employees designated as EEO counselors shall begiven a reasonable amount of official time on a case by casebasis to counsel employees desiring their services.

Section 4. EEO Committee. If the Employer establishes anEqual Employment Opportunity Committee, the Union shallhave the right to appoint a representative.

Section 5. Employment Statistics. The Employer agrees to fur-nish to the Union a copy of each EEO report issued by it. Otheravailable statistical employment information will be furnishedto the Union upon request.

Section 6. Official Time. In connection with filing and process-ing of an EEO complaint, the complainant and his/her represen-tative, if there is such a representative, may use duty time inaccordance with applicable regulations and with the prior ap-proval of the supervisor.

Section 7. EEO Witnesses/Travel Expenses. Unit employeeswho are summoned to appear as witnesses at EEO discrimina-tion hearings shall be considered to be in an official duty sta-tus and shall be entitled to government reimbursement for travelexpenses in accordance with the JTR and applicable regulations.

ARTICLE 19STAFF DEVELOPMENT PROGRAM

Section 1. Staff Development Program. The Employer and theUnion agree that in-service training will improve the efficien-cy and effectiveness of its teachers. In conjunction with this,each year that the employer conducts an annual survey of in-service needs, the Union will be given the opportunity to com-ment. The results of the survey will be shared with the Union.

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Section 2. Employee Responsibility. Each employee is respon-sible for applying reasonable effort, time, and initiative to in-crease his/her potential through self-development and training.Both the Employer and the Union agree to encourage employeesto take advantage of training and educational opportunitieswhich will add to skills and qualifications needed to increasetheir efficiency in the performance of their duties.

Section 3. Career Development. The Employer recognizes itsresponsibilities to provide training and career development op-portunities for employees which will develop their skills,knowledge, and abilities to perform official duties.

Section 4. Recertification.

a. Employees are required to upgrade and update theirprofessional and educational credentials through a programof self development in accordance with applicable regu-lations.

b. When the Employer changes qualification standards, unitemployees currently occupying positions in teachingcategories affected by the change and those unit employeeswho are occupying positions in teaching categories for whichan additional teaching category is required and the changeaffects the additional category shall receive one hundredpercent (100%) tuition assistance, up to a maximum of$100.00 per semester hour, in accordance with the Govern-ment Employees Training Act, to assist the unit employeesin the attainment of required credits to meet such changesin qualification standards. Affected unit employees shallbe given two calendar years after the change becomes ef-fective to earn three (3) semester hours, or portion there-of, of credit required by changes in qualification standards.When changes require more than three (3) semester hours,the unit employee shall be given an additional calendar yearfor each additional three (3) semester hours requirementor portion thereof, to attain required credits. Failure to meetnew qualification requirements for the position occupiedduring the period of time allowed, for reasons unaccept-

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able to the Employer, may result in removal from the po-sition occupied.

Section 5. Selection for Training.

a. Attendance at Employer sponsored training will be de-termined by the Employer. The Employer agrees to dis-seminate information concerning training opportunities assoon as possible during the school year.

b. Employees will be notified in writing of their selectionor non-selection for a training program. In case of non-selection, the Employer will notify in writing each such em-ployee of the reason(s) for non-selection.

c. The Employer retains the rights to establish new/specialeducational programs, such as, but not limited to, a pre-school program or School Wide Enrichment Program. Nor-mally such programs shall not be implemented without thetraining and/or materials and/or new equipment, as maybe deemed necessary by the Employer, except to meet theexigencies of the mission. The appropriate level of the Em-ployer shall notify the Union representative at the appropri-ate implementation level(s) of intent, rationale, potentialimpact, and proposed implementation procedure. TheUnion and the Employer at the appropriate level(s) shallmeet to consult and, if required, to negotiate arrangementsto minimize adverse impact on personnel resulting from thechanges.

d. In addition to training available through Governmentfacilities, unit employees may be sent to non-governmentfacilities for needed training which is not reasonably avail-able within the Government. The Employer may pay all orpart of the unit employee’s salary, tuition, travel and trans-portation costs, and per diem. Where the Employer deter-mines to provide such benefits to the employee, theEmployer shall give priority consideration to unit employeeswho request such training in order to meet new qualifica-tion standards for their position or recertification require-ments. It is understood, however, that the needs, such as

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shortage skill training, as determined by the Employer, shallbe the primary consideration in such determinations.

e. If a unit employee is required to perform duties in whichhe/she is not qualified, the Employer will take into accountmitigating factors, such as lack of training, in the applica-tion of performance standards for the individual employee.

Section 6. Inservice Training. Participation: If a training anddevelopment program is not directly related to an employee’sjob requirements, the employee may request, to the Principal,to be excused from this training. If the employee is excused,he/she will be required to remain at the duty site to performother professional responsibilities and duties. Nothing shall pre-vent the Principal from directing the employee to attend thetraining.

Section 7. Summer training. Round-trip renewal agreementtransportation in a Leave-Without-Pay status may be autho-rized in the case of a unit employee who desires to return tothe United States for the summer at the end of the first schoolyear of service under an agreement for the purpose of attend-ing an accredited college or university to pursue courses forprofessional preparation and advancement that are related tohis/her present or planned DODDS assignment, or other specif-ic professional preparation meeting a current DODDS require-ment or attending courses that are required for continuedcertification and recertification, provided a renewal agreementis signed before leaving the overseas area. The unit employeewill be required to present satisfactory evidence of acceptanceby, or a bonafide intent to attend, such an institution for anappropriate course of study of not less than six (6) semesterhours. The unit employee will be required to refund to theGovernment the cost of return travel to the United States forthe purposes of attending such courses of study if he/she failsfor reasons unacceptable to the employing activity concernedto present evidence of satisfactory completion of the courses.Those who return to the United States under the exception con-tained in this subparagraph will, upon return to the overseasarea, begin a new transportation agreement.

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Section 8. Professional Meetings. The Agency realizes that em-ployee participation in professional meetings is educationallybeneficial to our students. Written proposal for attendance dur-ing the school year at these conferences will be administrative-ly reviewed individually at the local and then the regional level.Those proposals considered to be in the interest of the Agencyand approved by the Regional Director will be supported bya minimum of administrative leave and permissive travel ord-ers. Those that are considered to have exceptional value maybe suppported with travel and per diem.

Section 9. Sabbatical Leave. Employees may request consider-ation for a grant of an educational sabbatical leave in orderto pursue a one (1) year course of formal study in an accredit-ed American college or university. Numbers of sabbaticals,benefits, criteria, and eligibility requirements will be establishedby the Employer and announced to employees during the schoolyear. The Union will be notified of changes in benefits, criter-ia, and eligibility requirements prior to the announcement toemployees. The period of sabbatical leave will be counted asa period of service for purposes of placement on a salaryschedule.

ARTICLE 20TEACHING CONDITIONS

Section 1. Policy. The Parties recognize that the interaction ofteachers with students is the primary focus of the educationalprocess.

Section 2. Interruptions of Classes. Classes will not be inter-rupted except in cases of emergency or for official business,including approved visits. An emergency is defined as an un-foreseen combination of circumstances or an unexpected situ-ation calling for immediate action.

Section 3. Room and Teaching Assignments.a. The Employer shall attempt to make classroom assign-

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ments equitable insofar as the physical facility and the de-mands of the educational program allow.

b. Other uses of rooms: When classrooms are used by otherorganizations, the parties will be informed of their respon-sibility to return the classroom to its original state. Manage-ment will make reasonable effort to enforce this policy.

c. Handicapped employees will be provided with all ap-propriate accommodations as guaranteed under applicablefederal law and regulation.

Section 4. Moves and Relocations of Classrooms.Any reassignment or relocation which includes moving to andfrom a room (as the result of, to include but not be limitedto, renovation, asbestos removal, carpeting, painting, construc-tion), the LUR and the Principal will negotiate over the amountof time allotted to complete these moves. Employees shall bereleased from instructional responsibilities, with no studentspresent during the days of packing, moving and unpacking.These moves shall include,

a. normally up to one day off to pack up the room,b. normally up to one day for the move itself, the physi-cal move itself to be accomplished by the Agency,c. normally up to one day to unpack and set up the newroom and prepare for instructional duties,d. all packing materials will be provided by the Agency,e. no negative impact on performance appraisals ofteachers,f. if necessary and agreed to by the LUR and Principal,additional days will be granted under subsections a., b.,and c. above. Movement of such facilities as a library,science labs, art room, computer labs, kindergartens areexamples of moves that may need additional time.

Section 5. School Supplies.

a. An equitable supply policy within the demands of theeducational program shall be established by each schoolprincipal. This policy will be made available to employees

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of the school. A supply briefing will be given to employeesduring orientation week or as needed.

b. The LUR shall be provided the opportunity to give in-put to the principal to consider in making the school sup-ply policy.

c. The Agency will provide assistance in reproducing orprocuring alternate materials.

Section 6. Teacher Facilities.

a. The Employer will provide employees with lounge facil-ities, teacher rest rooms, a class A telephone, office equip-ment, and work space within available resources. Internalschool distribution boxes will be provided for each em-ployee.

b. Employee lavatory/toilet facilities, separate from stu-dent facilities, will be provided, where possible within theresources of the Agency.

c. Day Care. Where child care centers are provided by hostmilitary installations, the Employer shall make reasonableefforts to ensure that unit employees have access on anequitable basis as that established for other civilian feder-al employees assigned to the installation. If, at the sole dis-cretion of the Employer, available space in a DoDDS schoolis used to establish a child care center, unit employees shallhave equal access with other military and civilian employees.

d. Parking. The Agency will request the host activity to pro-vide a general parking area within a reasonable distance ofthe school.

e. Secure areas. The Agency shall make every reasonableeffort to provide employees with a secure area for all valu-ables. Such an area may consist of lockable cabinet, lock-er, or safe.

f. Mail boxes. Internal distribution boxes will be providedfor each employee. When the employees’ U.S. Mail is deli-vered to the school, mail normally shall be delivered on a

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daily basis except for weekends and federal holidays. If anemployee has the option of having mail delivered to the PostOffice, but instead chooses to have it delivered to the school,it will be placed in the employee’s distribution box.

g. Photocopy Machines. The Agency shall make everyreasonable effort to ensure that sufficient operationalmachines are available to employees for the execution oftheir instructional duties.

Section 7. Faculty Meetings. The purpose of faculty meetingsshall be effective interaction between staff and principal.Whenever feasible, announcements will be published in thefaculty bulletin or posted on the official bulletin board.

Section 8. Preparation Time for Elementary School Teachers.Although elementary school teachers receive at least the mini-mum amount of preparation time required by accreditationstandards, arrangements may be made, on a case-by-case ba-sis, to provide additional preparation time in unusual andunique circumstances. The Local Union Representative mayprovide input to the principal for consideration. Managementretains final approval.

Section 9. Damage or loss of property.

a. Employees shall make reasonable efforts to maintainsecurity within the classroom to reduce theft. Upon becom-ing aware of loss, damage, or destruction of governmentproperty, the employee shall report said problem to the prin-cipal or designated authority.

b. When personal property used in instructing is lost ordamaged, employees will notify their principal.

c. When the principal has been informed by the employeethat there has been a loss or damage to personal property,that employee shall be referred to the appropriate agenciesfor assistance in obtaining repairs, replacements, or mone-tary reimbursement as allowed by law and regulation.

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d. Under normal circumstances, the employee shall not beresponsible for the replacement or repair of governmentequipment.

Section 10. Assignment of Students. In assigning students toclasses, the educational needs of the student will take prece-dence; however, the Employer will consider such factors as:

a. Multigraded classrooms.

b. Distribution of students, including special educationstudents.

c. Facilities.

Section 11. School Activity Fund. Upon establishment of aschool fund council, the principal will solicit the LUR fornominees from among the school faculty. The LUR shall fur-nish the principal three (3) nominees from which the principalshall select one for membership on the committee. In schoolsof less than five (5) faculty members, the LUR shall not be re-quired to furnish three (3) nominees in consideration of thelimited number of faculty members, but shall provide the prin-cipal with a choice from which the principal shall select onefor membership on the committee.

Section 12. Faculty Bulletins.

a. Normally, the school principal shall insure that each em-ployee will receive his/her own copy of the faculty bulle-tin(s) when it is produced.

b. The Union shall be authorized to make general announce-ments in the faculty bulletin.

Section 13. Substitutes.

a. The Union and the Agency agree that the use of substi-tute teachers is essential to maintaining an uninterruptedquality educational program.

b. Regular and recurring substitute duties will not be con-sidered part of an employee’s responsibilities.

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Section 14. Educational Environment

a. Policy. The Agency will support and assist the employeesin the maintenance of an appropriate educational environ-ment in the schools.

(1) Support of the school’s disciplinary policy is an in-tegral part of the agency official’s and employee’sprofessional responsibility. Principals will prepare acode of conduct and discipline for their school and offerthe Union the opportunity to comment. The ultimateresponsibility for the content and application of the dis-ciplinary program rests with the school principal. Thiscode shall incorporate the applicable provisions of DSReg. 2005.1, Administrators Guide, and other applicableregulations, and shall include rules with appropriate de-terrents to unacceptable and disruptive or endangeringbehavior.

(2) Each employee will develop rules of student behaviorfor his/her students. In order to maintain control ofthe academic environment of his/her classroom, an em-ployee may take appropriate action including sendingthe student to an administrator or other appropriatestaff member. When a principal thinks that a student’smisconduct is of a magnitude requiring possible expul-sion, a special committee will be convened to considerthe case. The membership of this committee will be con-sistent with the provisions of the Administrators Guide(DS Reg. 2005.1) and other applicable regulations.

(3) The recommendations of this committee will be givenfull consideration by Regional management in arrivingat a decision.

b. Child Abuse.

(1) The parties condemn all forms of child abuse wher-ever they occur and agree to work cooperatively withcommanding officers to insure that instances of childabuse which involve DODDS employees will be inves-tigated and adjudicated with dispatch.

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(2) Management agrees that the following specific is-sues will be made part of a briefing by principals to newbase commanders:

(a) the need for careful and deliberate review of al-legations before charges are formalized,

(b) that teachers upon request may be representedby the OFT when they are questioned by investiga-tive bodies,

(c) the timely processing of complaints againstteachers is paramount in light of the potentially des-tructive consequences of child abuse accusations.

(3) FACMT. The Agency will inform the local FamilyAdvocacy Case Management Team (FACMT), or itsequivalent, of the rights of educators to have represen-tatives present when being interviewed, questioned orinvestigated or during any phase of the process.

(4) When an employee has been exonerated after hav-ing been accused of child abuse and whose name wassubmitted to any agency and / or central computerbanks, the Agency will notify such agency and / or cen-tral bank(s) that the employee was exonerated and thatthe Agency has no reservations about the employee’sinnocence. The Agency will provide the employee witha copy of the letter of exoneration.

(5) Consistent with the Privacy Act, the employee mayrequest information and/or any file regarding any in-vestigation of the employee dealing with child abuse.

(6) Cross-reference to Article 35. Investigations.

Section 15. Curriculum.

a. Employees and the Union will be given the opportunityto provide input in curriculum design, curriculum priori-ties, pilot programs, and selection of textbooks and teach-ing materials.

b. Curriculum Development Committees (CDC). If a CDC

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or its equivalent has been established at the local level, theUnion shall be authorized a membership position for theLUR or his/her designee. The committee shall have theresponsibility for determining the local needs of the school’scurricular development, including the use of duty days fordesignated inservice as recommended by the committee andapproved by the staff and the principal.

c. When a new multi-level class (i.e. 5th-6th grade class /or a High School language class with 2nd and 3rd levels)is formed and an employee is assigned to teach that class,multi-level supplemental classroom materials may be select-ed by the educator for individual teaching plans. Withinavailable resources, funds will be provided for the purchaseof such materials. The Agency will expedite such orderswhen, at the start of a school year, such a class is newlyformed due to fluctuations in enrollment or other govern-ing circumstances related to class size or composition, orthe educational program.

d. Professional educational journals, magazines, books, andother periodicals and publications, will be locally selecteddepending upon current educational interests and needs,and procured within available resources. All professionalliterature shall be maintained in a location which is easilyaccessible to the entire school faculty.

e. Educators’ Day / Educators’ Conferences. The confer-ences may be planned with educator, Union, and, whereappropriate, student input.

f. Development of new/special programs. The Union willbe given the opportunity to provide input to the Agencyprior to implementation of any new or special programwhich the Agency proposes.

Section 16. Pupils Grades.

a. A unit employee may establish his/her own grading sys-tem. In such cases, the unit employee is responsible fortranslating the grading system to the Employer’s. The unitemployee’s record of grades shall contain a key for trans-

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lating his/her system to the established grading system inuse.

b. Student’s grades may be requested for review and ap-proval by the Employer before reports are distributed tostudents or parents.

c. In the event that any grade is challenged, the unit em-ployee shall explain and justify the grade assigned.

d. If the Employer takes action to change a student’s gradewithout the consent of the affected unit employee or directsthe unit employee to change a grade, a written statementfrom the Employer shall be provided to the unit employee,stating that the change in grade and/or the passing or fail-ing of the student was done by the Employer.

Section 17. Secretarial / Clerical Assistance. Management hasthe right to manage its resources and to direct the workforce.Within these concepts, the school LUR may make recommen-dations to the principal pertaining to secretarial and clericalsupport for the professional staff.

Section 18. Telephone Messages. Procedures and methods forthe delivery of phone messages shall be determined locally bythe Union and the Principal.

Section 19. Security. Except in emergencies, if it becomes neces-sary to open employee’s cabinets, desks, drawers or otherstorage areas used exclusively by the employee, the Agency willnotify the employee, who may accompany the employer whenany of the foregoing is opened.

Section 20. Fire Drills. The Agency will issue fire drill proce-dures at the beginning of each school year. Teachers will en-sure that all fire drill procedures are followed. Teachers willbe notified in advance of all planned fire drills. The LUR mayhave on request a copy of relevant reports.

Section 21. Construction / Renovation. The Agency agrees to

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allow the Union to suggest improvements in facilities whichcould require budget submissions in the future.

Section 22. Community Involvement.

a. Charity Campaigns. Contributions to charity campaignswill be voluntary.

b. Membership in Community Clubs, Organizations. Mem-bership in military organizations or community clubs willbe voluntary.

Section 23. Handbooks.

a. Whenever a school handbook is developed, the Unionshall have the opportunity to review and comment beforethe handbook is finalized. If a committee is formed to de-velop such handbook(s), the Union may recommend a mem-ber to the principal.

b. In the event a new handbook(s) or a change in existinghandbook(s) results in change(s) in working conditions, orthe technology, methods, or means of performing work,such changes shall be subject to negotiation prior to im-plementation.

Section 24. Accreditation.

a. Both parties agree to the importance of maintaining highstandards in DODDS schools. Where employees are autho-rized to be participating members of accrediting visitationteams, the Union shall have the right to nominate fiverepresentatives for the region per year and the Agency shallselect up to two of the Union nominated representativesto participate on two different team site visits during theyear, if any are held that year. These union representativesshall have full team member status and receive benefits andentitlements normally accorded to team members. Priori-ty will be given to those employees who will serve as chair-person of the NCA Steering Committee of the schools whichwill be visited the following school year.

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b. Self-Study Reports. Upon request, the Agency shall pro-vide the Local Union Representative a copy of the school’sself-studies and School-Wide Improvement Plan (SWIP)and update.

c. NCA Self-Study & School Improvement Plan.(1) Upon request, the Local Union Representative orhis/her designee shall be a full participating memberof all NCA Steering Committees and shall be given acopy of all interim and final reports.

(2) Upon request, the Local Union Representative orhis/her designee shall be a full participating memberof the School Improvement Plan committee and anyrecommendations emerging from a School ImprovementPlan (SIP) that will be implemented and will impact onworking conditions shall be subject to negotiation forimpact and implementation at the Local Union Manage-ment Meeting prior to finalizing the SIP.

Section 25. Chairpersons. In schools which have grade leveland department chairpersons, the Employer may authorize apreparation period in those instances where the Employer re-quires such unit employees to serve as grade level or depart-ment chairpersons. When such preparation periods are notprovided and such duties cannot be performed during the dutyday, extra-duty compensation for the time required outside theduty day shall be paid in accordance with procedures of DSRegulation 5550.9, dated October 7, 1988. Prior approval toperform such duties outside the duty day must be obtained fromthe Employer.

Section 26. Summer School.

a. Normally, summer employment shall be voluntary andshall be open to all qualified employees. In the event thereare insufficient volunteers, management retains the rightto assign qualified employees. A competitive selectionprocess shall be established by negotiation at the local lev-el and regional level.

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b. Differentials and allowances for summer employmentshall be provided in accordance with PL 86-91 and applica-ble laws and regulations.

Section 27. Custodial Services.

a. Custodial Services. Employees and the Union may pro-vide imput and concerns to the principal on the adequacyof custodial services.

b. Custodial Contract. A copy of the custodial contract willbe posted in the faculty lounge and provided to the LUR.

c. Poor Services. The LUR will inform the school principalwhen, in his/her opinion, custodial services are not beingperformed in accordance with the terms of the custodialcontract. The principal will inform the LUR of what ac-tion has been taken to correct custodial services within two(2) calendar days after notification of deficiencies.

d. Normally, employees shall not be responsible for per-forming custodial services.

ARTICLE 21HOURS OF WORK

Section 1. Work Week. The basic work week will consist offive (5) consecutive days scheduled normally Monday throughFriday (except Bahrain School and/or wherever the needs ofthe serviced military installation or laws of the host nation re-quire a different work week).

Section 2. Normal Work Day (Duty Day).

a. The normal work day is twenty (20) minutes before theinstructional day and thirty (30) minutes after the instruc-tional day. The only change in this arrangement is wherethe scheduling of the seven-period day requires that someof the twenty (20) before and thirty (30) minutes after prepa-ration period is incorporated into the second non-instructional period. (Cross reference Article 17 Section 9)

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b. It is recognized that unit employees are expected to per-form additional preparational and professional tasks neces-sary to the completion of their work. This work may beperformed either at the school site or elsewhere.

c. Prior to changing the normal work day, the Agency shallafford the Union the opportunity to negotiate the changes.

Section 3. Lunch Periods. The Agency supports a duty-freelunch period for employees and within available resources willprovide such a program.

ARTICLE 22HEALTH AND SAFETY

Section 1. Policy. The Employer shall make every reasonableeffort to provide and maintain safe working conditions. TheUnion will cooperate to that end and encourage employees toadhere to established safety regulations and otherwise performrespective duties in a safe manner.

Section 2. Procedures.

a. Employees shall not be required to work under condi-tions that have been determined to be unhealthful or un-safe by the responsible health or safety official of thepertinent military service nor in emergency conditions de-termined unhealthful or unsafe by the Employer. Emergen-cies may include extremes of classroom temperature ordangerous noise levels as determined by the above officials.

b. The principal shall keep the Union representative advisedof progress of school building projects and repair and main-tenance activities.

c. An employee who believes his/her personal safety maybe in jeopardy because of civil disorder in the area of his/herassignment will make every reasonable effort to contacthis/her supervisor for advice and guidance. If the Agency

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has prior knowledge of any dangers, they shall advise em-ployees of what action they should take to ensure their safe-ty, established guidelines as outlined in the pertinent militaryservice security plans will be followed under such circum-stances.

d. Construction / Disturbing Factors. The parties agree thatwhen school construction or other disturbing activities areplanned to coincide with the duty day, the principal willinform the LUR of the plans as they become known, nor-mally to include such things as rooms or areas to be af-fected, length of time involved, types of activities and knownadverse health and safety factors. It is understood that mat-ters covered in this section may be subject to Impact andImplementation Bargaining.

Section 3. Reporting Hazards.

a. In the course of performing their assigned duties, em-ployees should be alert to unsafe practices, equipment andconditions as well as environmental conditions in their im-mediate area which represent suspected health or safety haz-ards. If an alleged unsafe or unhealthy condition isobserved, employees shall report it to the immediate su-pervisor.

b. Employees have the right to report incidents of fraud,waste, abuse or danger to public health or safety withoutfear of penalty or reprisals. Before reporting health and safe-ty hazards to officials outside of the local school, the prin-cipal shall be notified and provided with a reasonableamount of time to seek corrective action.

c. Employees shall be informed by posted notices at the lo-cations of health hazards as determined by appropriate baseofficials. The Agency will ensure that all employees are in-formed of the hazard and its location.

Section 4. Safety Equipment. Protective clothing, devices andsafety equipment required by the Employer shall be furnishedby the Employer and used by the employee.

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Section 5. Evacuation and School Closure Procedures.

a. Evacuations. Evacuation procedures shall be governedby the appropriate regulations, i.e. Department of StateStandardized Regulations (DSSR).

b. School Closures.

(1) When students are released or unable to report toschool because of emergency conditions or inclementweather, the employer shall make a decision concern-ing employees in accordance with applicable regulations.When schools are closed because of inclement weatheror emergency conditions and the base commander de-termines that non-emergency personnel are not requiredto report to work, or, are required to go home, DODDSemployees shall not be required to report to work (or,shall be required to go home) and shall be granted ad-ministrative leave.

(2) When schools close for students due to inclementweather or other emergencies and unit employees arerequired to report to the work site, a unit employee shallbe administratively excused for up to one half day whensuch weather or emergency conditions prevent timelyarrival. In determining whether emergency conditionswarrant late arrival, the Employer shall consider the ef-forts made by the unit employee to get to work in a time-ly manner, taking into account the unit employee’snormal commute and normal modes of transportationused.

c. Emergencies / Evacuations & Closures.

(1) Bomb threats, scares and other emergencies requir-ing evacuation of students shall also require evacuationof employees.

(2) No employee shall be required to search or stay ina building where a bomb is suspected.

d. When an employee is excused from working on a dayon which schools are closed by an administrative order,he/she is entitled to pay for that day.

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Section 6. Immunizations. Immunizations required by agen-cies of the Federal Government for official travel directed bythe Agency shall be provided at no cost to the unit employee.

Section 7. Health Care Services

a. General. The Agency shall coordinate with the MilitaryDepartments to ensure that the unit employees receive atleast the same level of health care as is provided to othercivilian and military personnel of the Host Military Instal-lation.

b. The employer will explain to the hospital commandersthe problems school staffs face in scheduling of medicaland dental visits and ask that their unique situation be takeninto consideration when appointments are scheduled in or-der to have a minimal impact on the instructional program.

Section 8. Employee Assistance Programs.

a. The Agency shall maintain an Employee Assistance andCounseling Program which is operated in accordance withapplicable laws, regulations and guidelines. Problems forwhich assistance can be obtained may consist of alcoholand drug abuse, emotional / behavioral, etc. The Agen-cy’s representative will issue an annual notice to employeeswhich explains the program, the assistance offered, anybenefits. Concern should be limited to employee behaviorwhich affects job performance. The purpose of this pro-gram is rehabilitation.

b. It is the policy of the employer:

(1) to recognize that substance abuse and emotional /behavioral problems are treatable,

(2) that employees with these problems will receive thesame consideration and offer of assistance that is ex-tended to employees having any other illness,

(3) that the confidential nature of medical and coun-seling records of employees will be safeguarded in ac-cordance with appropriate regulations,

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(4) that no employee will have job security or promo-tion opportunity jeopardized for voluntarily participat-ing in EAP.

c. When the supervisor observes that the employee is ex-periencing difficulties with his / her job performance, s/hewill notify the employee of his/her right to representationwhen discussing the apparent performance deficiency withthe employee. The Agency will encourage the employee toenroll in the Employee Assistance Program. During thecourse of rehabilitation, the Agency shall stay disciplinaryor adverse action against such employee.

d. Employees undergoing a prescribed program of treat-ment(s) will be entitled to all the rights and benefits providedto other employees who are sick, in addition to specific serv-ices and assistance which this program may provide. Em-ployees will be granted sick leave, annual leave, or leavewithout pay for this purpose on the same basis as any otherillness when absence from work is necessary.

Section 9. AIDS (Acquired ImmunoDeficiency Syndrome).

a. AIDS in the Workplace: HIV (Human ImmunodeficiencyVirus) infected employees shall be allowed to continue work-ing as long as their performance is satisfactory. If perfor-mance or safety problems become evident, the Agency willapply existing federal and agency personnel policies andpractices.

b. HIV infected employees shall be treated as any other em-ployee with a serious illness and may be granted teacherleave or leave without pay in the same manner as any otherill employee.

c. Nurses’ and Teachers’ Occupational Exposure to AIDS.For school nurses and teachers who come into direct con-tact with students’ injuries, a policy shall be developed whichdeals with procedures for reducing the risks associated withoccupational exposure to AIDS. The Union shall partici-

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pate in the review of such policy and have the right to im-pact and implementation negotiation.

Section 10. Medical Documentation.

a. If the Agency requires a fitness for duty examination, theemployee will have the choice of being examined by a mili-tary department physician at no cost or seek an examina-tion by a physician of their choice with the cost for thisvisit being paid for by the Agency.

b. The Agency may direct an employee to undergo a fitness-for-duty examination only under those conditions autho-rized in prevailing statues, OPM regulations, FPM Chap-ter 339, and other regulations.

c. When the Agency orders a medical examination underthe provisions as stated in subsection b, it shall inform theemployee in writing of its reasons for ordering the exami-nation and the consequences of failure to cooperate, andthe right to Union representation.

d. The Agency shall provide the physician with a copy ofany approved medical evaluation protocol, and applicablestandards and requirements for the position, and/or adetailed position description of the duties of the position,including critical elements, physical demands, and environ-mental factors.

Section 11. Video Terminals. Unit members who continuous-ly operate a computer, word processor or other device with anelectronic screen (monitor) may take a fifteen (15) minutesrespite for every hour they use the monitor. The respite is forthe purpose of accomplishing other teaching tasks.

ARTICLE 23PERSONAL INJURY IN THE PERFORMANCE OF DUTY

Section 1. Reporting Injuries.

a. In the event of an injury /illness, the employee will notify

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his/her supervisor as soon as possible after injury has oc-curred or when the employee reasonably suspects that awork- related incident is the cause of subsequently appear-ing signs of injury / symptoms of illness.

b. Supervisors shall release injured employees to medicalfacilities for treatment.

Section 2. Forms. The Agency shall maintain copies of appropri-ate forms for reporting such injuries / illnesses and assist em-ployees in completing and filing such forms.

Section 3. Compensation.

a. In the event of a work related injury work time lost bythe employee on the day on which the injury occurred willbe excused without charge to leave. If the injury disablesthe employee for work beyond the day when the injury oc-curred, then the employee will be advised of and assistedwith the provisions of the Federal Employees’ Compensa-tion Act regarding use of leave, or salary continuation bythe employee’s supervisor.

b. Transportation. The Agency shall assist any temporari-ly disabled employee in obtaining any transportationbenefits provided under the Federal Employees’ Compen-

sation Act (FECA).

Section 4. Medical Disability Retirement.

a. Medical Disability Retirement is available to any em-ployee who is no longer able to perform his/her duties dueto a medical condition, as per FPM and OPM guidelines,rules, and regulations. The medical condition may or maynot be the result of injury or illness related to the job.

b. Reassignment. The Agency shall make every reasonableaccomodation to reassign the employee to light duty whichmay consist of any appropriate work which will not be hin-dered by the employee’s medical condition and which shall

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not aggravate the employee’s medical condition. Reassign-ment procedures shall conform to law and regulation.

Section 5. Information to the Union. If any information in theform of reports or summary statistics is generated by the Agen-cy, it will be shared with the Union provided that release ofsuch information complies with the Privacy Act.

ARTICLE 24JOB DESCRIPTIONS

Section 1. Policy. The job description for each position willreflect duties and responsibilities officially assigned and per-formed by the employee. Job descriptions will be prepared inaccordance with controlling directives and classified by an in-dividual having classification authority. All job descriptionsinclude an unnumbered paragraph “performs other duties asassigned,” which duties may be tasks that are incidental or tem-porary in nature and may reasonably be associated with theemployee’s occupation or functional assignment. Each employeewill be furnished a copy of his/her official job description whenthey are assigned to a position.

Section 2. Improper Classification. Position descriptions willbe reviewed periodically. Any employee who believes thathis/her position is improperly classified is encouraged to firstdiscuss the matter with the principal. A unit employee’s alle-gations of inaccuracies in his/her position description may besubmitted under the Negotiated Grievance Procedure.

Section 3. Review. Upon request the Union may review posi-tion descriptions for positions within the bargaining unit.

Section 4. Reclassification.

a. The Employer shall notify the Union when new or re-vised standardized position descriptions are to be im-plemented which would result in downgrading or upgrading

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action of a class or occupational specialization of unit em-ployees at one or more school sites and shall allow theUnion a reasonable time in which to reply.

b. Reclassification of positions which results in a demotionshall be in accordance with statute and regulation.

ARTICLE 25EXTRA DUTY ASSIGNMENTS

Section 1. Policy. Extra duty assignments of a reimbursablenature shall be open to all employees. Assignments will be madeon a fair and equitable basis. Compensation will be in accord-ance with regulation and established salary schedule.

Section 2. Notification of Extra Duty Assignments. The Agencywill post the proposed list of all extra curricular activities atthe beginning of the school year but not later than the end ofthe second full week of student attendance.The posted list of extra duty assignments shall include the fol-lowing items:

a. The specific assignment describing the task with dutieswhich are important to the success of the assignment.

b. The number of hours authorized for compensation.

c. The amount of compensation.

d. The closing date for receipt of applications.

e. The date selections will be made.

A listing of selectees will be posted as soon as selections aremade, with number of hours authorized and compensationallowed.

Section 3. Unlisted Activities. A teacher may request a prin-cipal to submit an appropriate recommendation for an unlist-ed activity with recommended rate of pay to be included onthe list of authorized compensable extra duty assignmentsthrough channels to the Regional Office in accordance with

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procedures established by DoDDS regulations. The Union willbe given the opportunity to include their input on these unlist-ed activities along with the Principal’s recommendations.

Section 4. Compensation.

a. Employees must be compensated for successfully com-pleting an extra duty assignment consistent with the extraduty rate of compensation established by the Departmentof Defense Wage Fixing Authority.

b. The Employer will comply with the provisions of DSRegulation 5550.9, “Compensation for Extra-Duty Assign-ments,” dated October 7, 1988 (section E.5.b).

Section 5. Sponsor Selection.

a. Members of the bargaining unit are encouraged to noti-fy the Employer at the school of any interest they mighthave with regard to filling extra-curricular positions whichmight become available. The Employer will make every ef-fort to fill extra-curricular positions in accordance with theexpressed preferences of the qualified volunteers in the bar-gaining unit in the school or school complex.

b. The Employer agrees that the filling of extra- curricularpositions shall be done in a fair and equitable manner andshall not be arbitrary and capricious. No employee in thebargaining unit shall be required to accept an extracurric-ular activity, except where the vacancy cannot be filled witha qualified volunteer.

Section 6. Employee Consideration. If qualified employees ofthe school or school complex are not available, the Principalmay recruit from other appropriate sources in accordance withDSR 5550.9, dated 7 October 1988.

ARTICLE 26LEAVE

Section 1. Accrual. Leave shall accrue to employees, in ac-

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cordance with Public Law 86-91, at the rate of one day for eachcalendar month, or part thereof, of a school year, except that:

a. if the school year includes more than eight (8) months,any such teacher who has served for the entire school yearshall be entitled to ten (10) days of cumulative leave withpay.

b. the minimum charge for leave shall be 1/2 day incre-ments and additional charges shall be multiples thereof.Such leave shall be administratively arranged.

Section 2. Use. Leave may be used for:

a. Maternity and paternity purposesb. Illness of the employeec. Illness, contagious disease, or death in the immediate

family of such teacherd. Personal emergencye. Adoptive purposes

Section 3. Any Purpose Leave.

a. With appropriate advance notice and the prior approvalof the supervisor, not to exceed three (3) days in any schoolyear may be used for any purpose. Any purpose leave willnot normally be approved during orientation week or thefirst and last week of school except for approved educa-tional purposes.

b. At the employee’s request Leave Without Pay will begranted prior to exhausting Any Purpose Leave.

Section 4. Paid Leave Other than Any Purpose Leave. Leaveused for appropriate reasons other than any purpose shall berequested in advance in writing and shall state the reasons forrequesting such leave. For leave which cannot be requested inadvance because of illness or unforeseen personal emergency,the employee will notify the principal or his/her designatedrepresentative as soon as possible.

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procedures established by DoDDS regulations. The Union willbe given the opportunity to include their input on these unlist-ed activities along with the Principal’s recommendations.

Section 4. Compensation.

a. Employees must be compensated for successfully com-pleting an extra duty assignment consistent with the extraduty rate of compensation established by the Departmentof Defense Wage Fixing Authority.

b. The Employer will comply with the provisions of DSRegulation 5550.9, “Compensation for Extra-Duty Assign-ments,” dated October 7, 1988 (section E.5.b).

Section 5. Sponsor Selection.

a. Members of the bargaining unit are encouraged to noti-fy the Employer at the school of any interest they mighthave with regard to filling extra-curricular positions whichmight become available. The Employer will make every ef-fort to fill extra-curricular positions in accordance with theexpressed preferences of the qualified volunteers in the bar-gaining unit in the school or school complex.

b. The Employer agrees that the filling of extra- curricularpositions shall be done in a fair and equitable manner andshall not be arbitrary and capricious. No employee in thebargaining unit shall be required to accept an extracurric-ular activity, except where the vacancy cannot be filled witha qualified volunteer.

Section 6. Employee Consideration. If qualified employees ofthe school or school complex are not available, the Principalmay recruit from other appropriate sources in accordance withDSR 5550.9, dated 7 October 1988.

ARTICLE 26LEAVE

Section 1. Accrual. Leave shall accrue to employees, in ac-

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Section 5. Leave Without Pay. Leave without pay is approvedabsence from duty in a non-pay status.

a. All requests for leave without pay must be in writing,submitted in advance, and state the reasons for the request.In circumstances in which leave is exhausted or there is anunforeseen personal emergency, the employee will notifythe principal or his/her designated representative as soonas possible. It is understood that documentation may berequired to substantiate such a request.

b. Leave without pay may be granted for periods not toexceed one (1) calendar year for personal or family illnesses.Such requests will be submitted in writing through the prin-cipal to the Regional Director for approval or disapproval.Such requests shall have bonafide medical evidence to sup-port the request.

c. Leave without pay may be granted for one (1) calendaryear for the employee to pursue further educational studies.Such request will be submitted in writing through the prin-cipal to the Regional Director for approval or disapproval.Such requests shall be in accordance with announcementsfrom the Regional Office soliciting employee requests.

d. Other requests for leave without pay for periods up toone (1) year must be submitted to the Regional Officethrough the principal for review on a case by case basis.

e. Leave without pay may be extended for one additionalschool year upon request.

Section 6. Absence Without Leave. Absence Without Leave isan absence from duty which is not authorized or for which arequest for leave has been denied. Although AWOL is in itselfnondisciplinary, disciplinary action may be taken when ap-propriate. An AWOL charge may be changed to another leavestatus as 2 result of a review of circumstances.

Section 7. Military Leave. The Parties agree to encourage par-ticipation in reserve duty and training during school recessperiods.

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Section 8. Advance of Leave. Paid leave may be advanced foruse at any time within the school year. Such advances will nor-mally be limited to the amount which will be accrued duringthe school year; however, under unusual circumstances, up tothirty (30) days may be advanced. If approved, such advanceshall be subject to subsequent earning of leave, or repaymentupon separation for leave advanced but not earned.

Section 9. Excused Absence.

a. The parties encourage employees to schedule appoint-ments to the maximum extent possible outside the instruc-tional day and/or to cause the least impact upon theeducational program.

b. When appointments cannot be scheduled outside the in-structional day, employees will be granted excused absencesfrom duty without loss of pay and without charge to leavefor the following:

(1) Packing, unpacking and customs or administrativelyrequired clearance of household goods, prior to ship-ment or upon request of shipment and when the em-ployee is required to be present. When both husbandand wife are employed by DoDDS, either may beexcused.

(2) Movement into and out of quarters when such move-ment is directed.

(3) Conducting official business of a personal naturewith military offices to include, but not limited to, mat-ters relating to drivers license, ID cards, passports, hous-ing, finance and personnel.

(4) Conducting business with official offices and utili-ty companies of the host nation, when the employee isrequired to establish and disestablish service or becauseof foreign status in the host nation.

(5) Seeking medical attention for any injury sustainedwhile on duty for the remainder of the day of the injury.

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(6) Those infrequent instances of tardiness for reasonsthat the supervisor determines to be justifiable.

(7) To deliver or pick up a POV that has been shippedon official orders.

c. The Agency may excuse an employee from duty withoutloss of pay and without charge to leave for:

(1) Attendance at a conference, convention or similarmeeting when it is determined by the Agency that at-tendance will be in the best interest of the educationalprogram.

(2) Attendance at a school, parent, or installation spon-sored activity when it has been determined that atten-dance will be in the best interests of the school and/orDoDDS.

(3) Blood donations.

Section 10. Suspected Leave Abuse. When an employee’s ab-sence on leave for illness is over three (3) consecutive work daysor in individual cases where there is reason to suspect that theemployee is abusing leave privileges, the Employer may requirea physician certificate or suitable evidence to support the needfor teacher leave.

Section 11. School Closures - see Article 22. [Cross Reference]

Section 12. Administrative Reemployment Rights (ARR). Inaccordance with and subject to applicable regulations, em-ployees may request Administrative Reemployment Rights inorder to pursue a one (1) or two (2) year course of formal study,participate in a project of study, or accept temporary employ-ment, when the results of such action are deemed beneficialto the school system. Upon successful completion of the ap-proved action, the Employer guarantees reemployment.

Section 13. Sabbatical Leave. Employees may request consider-ation for a grant of an educational sabbatical leave in orderto pursue a one (1) year course of formal study in any

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accredited American college or university or any similar for-eign institution. If courses are taken at a foreign institution,it shall be the employee’s responsibility to obtain acceptanceby an American accrediting agency for course work taken atnon- accredited institutions. Numbers of sabbaticals, benefits,criteria, and eligibility requirements will be established by theAgency and announced to employees during the school year.The Union will be notified of changes in benefits, criteria, andeligibility requirements prior to their announcements to em-ployees. The period of the sabbatical will be counted as a peri-od of service for purposes of determining placement on thesalary schedule.

Section 14. Union Review. The Union may review the applica-tions of those employees applying and selected for LWOP,ARR, and Sabbatical Leave, before notification to employeesselected.

Section 15. Change of Leave. An employee may choose to becharged teacher leave rather than LWOP for any absence fromduty when it is established that teacher leave would have beengranted.

Section 16. Temporary Detail Request. An employee in a re-mote area who uses the medivac flight to reach a medical in-stallation for consultation or treatment, upon request may betemporarily detailed to a DoDDS duty location of the Agen-cy’s choice which is within a reasonable commuting distancefrom the general location of the medical facility at which thecare/treatment is received during the time that the employeeis awaiting such at the medical facility and/or after suchcare/treatment is completed and the employee is awaiting thenext return medivac flight.

Section 17. Family Leave. Employees shall be provided withthe all rights and benefits under the Family Leave Act.

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ARTICLE 27PERSONNEL FILES

Section 1. Official Personnel Files.

a. The parties recognize that the Official Personnel Folder(OPF) is the property of the Office of Personnel Manage-ment (OPM) and will be maintained at the servicing CivilianPersonnel Office (CPO) in compliance with law and regu-lation.

b. The employee will be provided with copies of all addi-tions to OPF.

c. Counseling letters, supervisory interview memoranda andperformance deficiency memoranda shall not be placed inan educator’s Official Personnel Folder.

d. Whenever the school or any other agency sends materi-al to the DODDS Personnel Center for inclusion in the em-ployee’s OPF a copy of this material will be given to theemployee.

Section 2. Teacher Files.

a. Teacher files, to include credentials, college transcriptsand other materials pertinent to his/her employment, willbe maintained at the local school site.

b. In the event that official transcripts or other necessarymaterials in the file are misplaced or lost, the Agency willpay for the replacement costs. The employee shall not bepenalized in any way due to lost or missing files.

c. Personal notes maintained by the educator’s supervisorwill not be given to a succeeding supervisor.

Section 3. Review Procedures.

a. If unit employees need to review any material maintainedin the Official Personnel Folders (OPF), the following aresuggested steps to follow:

(1) Employees are encouraged to retain any personnelrelated documents and maintain their own personal file.

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(2) If the employee needs basic personnel informationfrom their OPF that is normally available on an em-ployee brief (i.e., may include: experience history, per-formance appraisal information, performance awardinformation, training documentation, education, etc.),they will obtain this information, upon request, throughtheir principal. Employees are encouraged to utilize thisoption prior to requesting access to their OPF.

(3) If employees need to review specific documents intheir Official Personnel Folders, copies of these docu-ments will be made and provided to the employee.

(4) If the employee needs to review the entire OfficialPersonnel Folder (i.e., preparation for an arbitration),the DoDDS Personnel Center will honor the employee’srequest for review. The method of delivery will vary.In all cases, employee access to the OPF at the duty sitewill be strictly controlled to ensure the security of theOPF.

b. If an employee considers an entry in any of his/herfiles/folders to be erroneous or inappropriate, s/he mayrequest that the inappropriate material be deleted and/oris authorized to add supplemental written comments

c. Any OPF information requested by the employee willbe responded to within a reasonable timeframe after receiptof the request by DoDDS. The material requested will beforwarded by the most expeditious means available. If thematerial is not immediately available for review, the em-ployer will make every reasonable effort to notify the em-ployee in an expeditious manner as to the approximate timethe material will be available. In the event of a grievance,appeal, proposed disciplinary or adverse action proceed-ing and the employee or the Union requests to review thepertinent material, but such material is not immediatelyavailable, the time limit requirement will be extended, asreasonable, to afford the opportunity to review. Any timelimit requirements shall commence on the day after the fileor requested material was received. (Cross reference Arti-

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cles 30, Discipline and Adverse Action, 31, EmployeeGrievance Procedure, 32, Policy Grievance)

d. An educator may designate, in writing, a representativeto review both his/her Official Personnel Folder and his/herCredential/Teacher Folder and any other record maintainedby the Agency. (Cross-reference to Procedure, Article 33.Arbitration)

Section 4. Adverse Material.

a. The Employer will not keep anonymous, derogatory and/ or negative material and / or letters without disclosingsuch documents to the employee and providing an oppor-tunity to respond. Such documents must be signed by theemployee. The educator’s signature does not constituteagreement with the document but only that the statementhas been seen. Disclosure to the employee shall be donewithin two weeks of the date of receipt by the Employer.

b. Records of complaints and charges determined to be un-founded or dismissed as the result of an appeal or grievancewill not be used for any purpose whatsoever, except forthose necessary to document educator entitlements to backpay or other benefits.

c. Letters of reprimand and similar disciplinary type materialwill be removed from the Official Personnel Folder afterthe appropriate time has elapsed. See Article 30, Disciplineand Adverse Action.

Section 5. Unofficial Files. Copies of all information kept byDODDS will be shared with the employees within two weeksof receipt by the Agency.

Section 6. Availability of Files to Unauthorized Parties.No record, file, document or information from any other database pertaining to an employee will be made available to anyunauthorized persons for inspection or photocopy. Informa-tion will be made to authorized persons only for official useas provided by law, rule, or regulation.

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Section 7. Changes in File Storage. The parties recognize thatdeveloping automation techniques have enabled some infor-mation that is presently stored in paper-base systems to be storedin other systems. If the Agency elects to change its method ofstoring any information which is subject to the terms and con-ditions of this Article, the Agency will assure all employees con-tinued access to such information or its equivalent.

Section 8. Purging of Files. Adverse material on an employeewill not be maintained by the Employer beyond one (1) calen-dar year.

ARTICLE 28PERFORMANCE STANDARDS AND APPRAISAL

Section 1. Policy.

a. The Parties recognize that the performance appraisal sys-tem is established to provide for appraisals of job perfor-mance of employees; that employees are encouraged toparticipate through discussion in the development andreview of performance standards; and that the performanceappraisals shall be used as a basis for training, rewarding,reassigning, promoting, reducing in grade, retaining orremoving employees. There shall be no forced distributionor quota of ratings.

b. The evaluator shall take into consideration any circum-stances that may adversely affect a unit employee’s perfor-mance, such as class size, special learning disabilities,physical facilities, multiple duty assignments, geographi-cal difficulties, time constraints, and involuntary reas-signments.

c. The Employer shall apply the performance standards insuch a manner that a fully competent unit employee canreasonably be expected to attain them.

d. Normally, no interview or meeting between a complain-ing parent and the unit employee shall be set by the Agen-

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cy until the unit employee has a reasonable opportunity toconsult with the Union’s representative.

e. When a complaining parent asks to meet with the prin-cipal or other appropriate representative of the Employerprior to meeting with the unit employee, the Employer maymeet with the parent to evaluate the situation. If appropri-ate, the parent may be encouraged to meet with the unitemployee to resolve the problem. Prior to the meeting, theyshall be entitled to consult with their union representativein accordance with Section 1.d. of this Article.

f. If the employee and parent are unable to resolve theproblem, it may be necessary for the principal to intervene.If the principal meets with the unit employee to discuss theproblem, the employee shall be entitled to a union represen-tative, upon request.

Section 2. Union Representation.

a. When more than one unit employee performs the sameduties, the critical elements and performance standards maybe developed through group discussion(s) with the super-visor. In these instances, the union shall be afforded theopportunity to be represented at these meetings.

b. The critical elements and performance standards maybe developed through individual discussion(s) with the su-pervisor. Upon request by the employee, the union shallbe afforded the opportunity to attend such meetings.

c. Upon request by the employee, the union shall be afford-ed the opportunity to attend any performance review meet-ings (i.e. mid-year review, end-of-year review) between theemployee and supervisor.

d. Every reasonable effort shall be made to conduct per-formance review meetings during the established duty day.

Section 3. Grievance Rights.

a. The rating given and / or any action taken by the Agen-cy as the result of the application of the performance ap-

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praisal system is subject to the OFT-DoDDS negotiatedgrievance procedure including arbitral review.

b. In those cases when a decision is made to reduce in gradeor remove an employee for unacceptable performance, suchemployee may file a grievance under the provision of theOFT-DoDDS negotiated grievance procedure. All suchgrievances will be submitted directly to the Regional Directorwithin fifteen (15) calendar days of receipt of the decision.

Section 4. Procedures for Establishing Performance Elementsand Standards.

a. To the maximum extent possible, employee participa-tion is encouraged in the development of performance stan-dards. Job elements and standards may be modified,deleted, or adjusted during the rating period in the samemanner as in the initial development of the job elementsand performance standards, including employee participa-tion When more than one unit employee performs the sameduties, the critical elements and performance standards maybe developed through group discussion(s) with the super-visor. Disagreements over the content of the plan shouldbe resolved by the supervisor and employee. The Employ-er will consider all comments provided by the employee andthe Union prior to the finalization of the standards.

b. Performance standards will be directly related to the em-ployee’s position. Performance standards will be establishedin accordance with 5 U.S. Code 4301. Unit employees willbe involved in establishing performance standards and crit-ical and non critical elements. The Union will be affordedthe opportunity to comment and offer suggestions as ap-propriate. If the Union or an employee is concerned or dis-satisfied with the critical elements and performancestandards identified by the supervisor, the Union or the em-ployee shall ask that they be reviewed by the DoDDSRegional Director.

c. Performance standards must be observable, obtainable,mission related, and include a minimum level for fully suc-

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cessful performance. Performance standards would be stat-ed in specific terms. Performance standards will advise theemployee as to what must be done (critical and noncriticalelements) and how well it must be done (performancestandards).

d. The establishment of performance standards will nor-mally involve:

(1) The evaluator will provide the employee with pro-posed critical and noncritical elements and performancestandards.

(2) The employee and Union, if the employee so desires,will have seven (7) duty days after the employee receivesthe material in which to provide written and/or oralcomments.

(3) After considering the comments, the evaluator willprovide the employee with a final written copy of theperformance standards.

e. After considering all appropriate recommendations andsuggestions, the final decision on what an individual per-formance standard will be is retained by the Agency.

f. Employees will receive a written copy of their performancestandards and job elements at the beginning of the appraisalperiod. At the end of the appraisal period, each employeewill be given the opportunity to discuss his/her ratings.

g. The employee’s signature on the performance appraisalplan only indicates that the plan was shown and its con-tents were discussed with the employee; it in no way signi-fies the employee’s agreement or disagreement with theappraisal.

h. Job elements and performance standards will be reviewedannually by the Employer and the employee.

i. Normally, each individual performance plan should fol-low regulatory guidance to include three (3) to five (5) crit-ical elements, however, additional critical elements may beadded.

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Section 5. The Appraisal Process.

a. The appraisal period will be one school year. The schoolyear for the purpose of this article will normally be fromthe establishment of performance standards at the begin-ning of the school year to April 30. The rating period maybe extended beyond April 30 upon written notification tothe employee citing reasons for the extension.

b. Evaluation is a continuing process throughout the rat-ing period.

c. Face to face contacts, conference and informal discus-sions are encouraged. All monitoring or observation of thework performance of an employee shall be conducted openlyand with full knowledge of the employee. Any derogatoryinformation received by the Agency which she/he, at thetime of receipt, intends to use in evaluating an employee,shall be called to the attention of the employee and the em-ployee shall be afforded the opportunity to respond to suchinformation.

d. Upon request of the employee all observations shall bepreceded and / or followed by a conference. Upon requestby the employee, the union shall be afforded the opportu-nity to be present.

e. Upon employee request, the rating official is encouragedto provide feedback to the employee regarding their cur-rent level of performance.

f. The Parties agree that performance appraisals shall beused to improve the effectiveness of employee performanceand to strengthen supervisor-employee relationships. It isfurther agreed that a proper use of employee performanceevaluation, including performance ratings, is to determinethe need for providing employee help. Where employee per-formance is deficient, the employee shall be expected to ac-complish improvement.

g. Prior to proposing a reduction in grade or removal basedon unacceptable performance, the supervisor will ensurethat the employees are provided an opportunity to demon-

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strate acceptable performance. To this end, the supervisorshall provide notice of that employee’s failure to satisfy theperformance standards for one or more critical elements.The notice shall be in writing and shall be provided to theemployee at least thirty (30) calendar days in advance ofproposing a reduction in grade or removal based on unac-ceptable performance. The notice shall identify:

(1) The critical elements of the employee’s position forwhich performance is unacceptable.

(2) The improvements the employee must make to bringperformance to a satisfactory level; and the efforts thesupervisor will make to help the employee improve.

(3) A time period of at least thirty (30) calendar dayswithin which the employee must improve the unaccept-able performance prior to the issuance of a notice ofproposed action being issued by the supervisor.

(4) At the end of the time period specified in (3) above,the supervisor shall notify the affected employee in writ-ing as to whether;

(a) the employee is now performing in an acceptablemanner; or,

(b) the employee’s performance remains unaccepta-ble. If so, a notice of proposed action will be issued.

h. An employee who is proposed to be reduced in gradeor removed, based on unacceptable performance, shall begiven two (2) copies of written notice of proposed actionat least thirty (30) days in advance. The formal notice ofproposed action is not intended to be an additional oppor-tunity to improve performance, but rather to provide a fairopportunity to defend against the charges contained in theproposal. The advance notice shall:

(1) State the reason(s) for the proposed action in detail;

(2) Identify specific instances of unacceptable perfor-mance by the employee.

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(3) Identify the critical elements of the employee’sposition for which performance is unacceptable.

(4) Inform the employee where the material reliedupon for the proposed action may be reviewed.

(5) Inform the employee of the right to reply orallyor in writing, or both within fifteen (15) calendardays after receipt of the notice of proposed action.

i. The notice of proposed action shall be based upon theemployee’s performance during the rating period.

j. If otherwise in a duty status, an employee against whoma notice of proposed action has been issued and his/herrepresentative shall be entitled to two (2) days of officialtime to prepare a response.

Section 6. Selection and Change of Evaluator. Where more thanone evaluator is available to supervise employees, the employeemay request a change in evaluator.

ARTICLE 29REDUCTION IN FORCE

Section 1. Definition.

a. Reduction-In-Force. In accordance with FPM 351, aReduction-in-Force is when an employee is released fromhis/her competitive level by separation, demotion, furloughfor more than thirty days, or reassignment requiring dis-placement, when lack of work or funds, reorganization,reclassification due to a change of duties, or the need tomake a place for a person exercising re-employment fromLWOP, ARR or Sabbatical Leave requires the release ofthe employee.

b. Transfer of Function. In accordance with 5 CFR 351,a transfer of function means the transfer of the performanceof a continuing function from one competitive area and its

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addition to one or more other competitive areas or the move-ment of the competitive area in which the function is per-formed to another commuting area.

c. Reorganization. In accordance with 5 CFR 351, reorgani-zation means the planned elimination, addition or redis-tribution of functions or duties in an organization.

d. Competitive Area. In accordance with FPM 351, the stan-dard for a competitive area is that it include all or part ofany agency in which employees are assigned under a singleadministrative authority. Described geographically or or-ganizationally, or both, the competitive area outlines theboundaries of Reduction-In-Force competition. For the pur-poses of the Agreement, the competitive area is establishedas the District Superintendent Level.

e. Competitive Level.

(1) In accordance with FPM 351, each Agency shall es-tablish competitive levels consisting of all positions ina competitive area and in the same grade or occupa-tional level which are sufficiently alike in qualificationrequirements, duties, responsibilities, pay schedules, andworking conditions, so that an Agency readily may as-sign the incumbent of any one position to any of theother positions without changing the terms of his ap-pointment or unduly interrupting the work program.

(2) When DODDS considers the effect of qualificationson the composition of a competitive level, the concernis not with the qualifications a unit employee possessesbut with the qualifications required by the duties andresponsibilities of the position as stated in the officialposition description.

f. Retention Register. In accordance with FPM 351, all com-peting employees officially assigned to positions in a com-petitive level are listed on a retention register for that level,including those on paid and unpaid leave, or as otherwiseprescribed by FPM. The relative retention standing of

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competing employees on retention registers is establishedin the following descending order:

(1) By groups, the order is Group I (career employees);Group II (career-conditional employees and those serv-ing a trial period); and Group III (temporary or in-definite appointments).

(2) Within each group the order is subgroup AD (prefer-ence eligible employee who has a service connected dis-ability of 30% of more); subgroup A (preference eligibleemployees); and subgroup B (nonpreference eligible em-ployees).

(3) Within each subgroup, retention standing begins withthe employees having the earliest service date.

Section 2. Notice to the Union. The Employer shall normallyinform the Union upon determination that a Reduction-In-Force will occur at least fifteen (15) days prior to official notifi-cation to employees. The Employer will provide the Union withreason (s) for the Reduction-In-Force, the number of positionsto be eliminated and the proposed effective date. Agency willalso provide to the Union a copy of:

a. an initial register, when available

b. information and / or communication between variouslevels of the Agency regarding changes to, or abolishmentof, positions

c. the official manning authorization pertaining to civilianemployees in the bargaining unit

d. directives in the possession of the Agency from higherauthorities requiring an official reduction-in-force.

Section 3. Negotiation on RIF Procedures. Upon receipt ofpreliminary written notification of anticipated reduction-in-force affecting bargaining unit employee(s), the Union shall havethe option of negotiating the implementing procedures to beused during the anticipated reduction-in-force of bargainingunit employees.

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Section 4. Notice to Employees. Every reasonable effort willbe made to provide notification of RIF, so that affected em-ployees will have an opportunity to participate in the InterRegional Transfer Program.

Section 5. Reduction-In-Force Procedures.

a. The Agency agrees the Reduction-In-Force (RIF) actionsshall be carried out in compliance with provisions of 5 CFR351.

b. An employee receiving a Reduction-In-Force notice shallbe entitled to a copy of the applicable retention register uponrequest. An employee in the unit may, if s/he so requests,be accompanied by a Union representative. The Employerwill provide the union with a copy of applicable retentionregisters of affected employees.

c. The Employer will notify the affected employee of thenegotiated grievance procedure available to him/her in thenotice to release him/her from the competitive level.

Section 6. Employee Counseling.

a. The Parties both agree to provide counseling and as-sistance to employees who are identified for separationthrough a Reduction-In-Force.

b. Affected employees will be provided information con-cerning retirement, severance pay, health and life insurance,return transportation, and other entitlements from the ser-vicing civilian personnel office.

c. The Employer will notify ODS and other regions of thenames and qualifications of employees released from theircompetitive level and request assistance in placing such em-ployees. Such employees will be given first priority consider-ation for vacancies for which they qualify in the Region.When employees are equally qualified, the service compu-tation date shall be used to determine who is selected.

d. To the maximum extent allowable under law and ap-propriate regulations, acceptance of a temporary position

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by an employee on the reemployment priority list will notaffect his/her status on the list for his/her eligibility forreemployment in a permanent position.

e. Any employee involved in a RIF shall be permitted uponrequest to have his/her health benefits and life insuranceplans converted in accordance with the provisions of theFederal Personnel Manual and applicable statutes.

Section 7. Minimum Impact. The Agency will conduct meaning-ful negotiations with the Union concerning efforts to minimizethe adverse effects of a RIF on employees. The Agency willconsider reasonable alternatives to Reduction-In- Force in anattempt to minimize impact on employees, which include: thatcertain vacancies not be filled by recruitment; that regular em-ployees may displace temporary (NTE) employees in any fieldfor which they are qualified and the latter will be separated;that no conversions of employees (who are temporary) to regularappointments will be made at the end of the school year; thatemployee requests for retirement be expedited.

Section 8. Acceptance of Reassignment. Employees will be givenfive (5) workdays in which to accept or reject a reassignment.

Section 9. Repromotion Consideration. Employees, such ascounselors and psychologists, who are reduced in grade or sa-lary through Reduction-in-Force, will be given priority for con-sideration in vacancies to which they qualify at their formergrade for a period of two (2) calendar years from the effectivedate of the employee’s reduction in grade.

Section 10. Re-employment Consideration. For those employeeswho are separated through Reduction-in-Force, the Employerwill establish a re-employment priority list. Such employees willbe considered prior to filling the position from other sources.

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ARTICLE 30DISCIPLINE AND ADVERSE ACTION

Section 1. Policy. The Employer will exercise reasonable judge-ment to ensure the discipline is in proportion to the nature ofthe offense consistent with the concept of progressive discipline.

a. Considerations.

(1) Guidelines. There are many disciplinary situationsand a wide varity of penalties. In deciding what actionto take, careful judgement must be used so that thepenalty is not out of proportion to the character of theoffense, especially a first offense, and to assure that thepenalty is imposed with consistency and equity. Fac-tors which may affect the selection of the appropriatepenalty include those established by Douglas v. Vete-ran’s Administration, 5 MSPB 313 (1981), commonlyreferred to as the “Douglas Factors.” These factors arelisted in Section 10 of this Article.

(2) Schedule of offenses and penalties. DS Regulation5751.9 provides guidance on the selection of appropri-ate disciplinary action for typical offenses. Normally,a progression of disciplinary measures applies in an ef-fort to correct an employee’s conduct.

(3) Mitigating, unusual, or aggravating circumstancesshall be considered in determining a proper disciplinaryaction. Disciplinary actions or adverse actions are tobe taken without prejudice. Such considerations as, butnot limited to, the employee’s position, length of serv-ice, prior disciplinary actions, state of health, state offamily and, personal conditions, shall be taken into con-sideration prior to proposing any disciplinary action.

b. Explanation Required. The employee shall have an op-portunity to explain the events before the Agency initiatesa disciplinary or adverse action.

c. Stay of Removal Action. If the decision to remove anemployee is grieved, the action taken will be in accordance

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with Article 33, Arbitrations, Section 3.b. The removal willbe stayed pending the completion of the grievance and thearbitration process.

Section 2. Definitions (in alphabetical order).

a. Adverse action. Action taken against an employee whicheither affects continued employment, grade, or pay or es-tablishes a record of disciplinary action in the employee’sOfficial Personnel Folder. Adverse actions may be takenagainst an employee only for such cause as will promotethe efficiency of the service. Just cause is necessary as abasis for an adverse action, and the action must be deter-mined on the merits of each individual case. Adverse ac-tions are suspensions for more than fourteen (14) days,reduction in grade or pay, furloughs for thirty (30) daysor less, and removals, which may be grieved under thenegotiated procedures or appealed to the Merit Systems Pro-tection Board.

b. Counseling. Communication from the Employer to theemployee concerning deficiencies in conduct, attitude, orperformance. As utilized in the Article, counseling shall en-compass any form of corrective or directive communica-tions, written or oral. Written counseling or notation oforal counseling will not be made a part of the employee’sOfficial Personnel Folder.

c. Day. Calendar day.

d. Deciding Official. The supervisor or manager who de-cides what action to take on proposed disciplinary or ad-verse actions.

e. Disciplinary Actions. A disciplinary action is normallyinitiated by the immediate supervisor or manager of the em-ployee being disciplined. An oral admonishment is a dis-cussion between a supervisor and employee as a result ofan offense which does not, by itself, warrant a reprimand.The employee shah have the right to make a written rebut-tal for the record. Disciplinary actions consist of oral ad-monishments, letters of caution, letters of reprimand, and

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suspensions of 14 days or less. For suspensions of 14 daysor less, the action consists of two-steps, with a proposingofficial and a deciding official. The deciding official mayuphold, mitigate, or fail to uphold a proposed action.

f. Letter of Caution. A written warning by an appropriateofficial that continued improper conduct may lead to for-mal disciplinary action. Letters of caution are not formaldisciplinary actions. A letter of caution may not be keptin the employee’s OPF. It may be kept in the teacher’s filefor not more than one calendar year.

g. Letter of Reprimand. A formal written disciplinary reme-dy by an appropriate official for an employee’s improperconduct.

h. Oral Warning. The oral warning by an appropriate offi-cial that continued improper conduct may lead to formaldisciplinary action. Oral warnings are informal and calledminor corrective actions. The supervisor has the option ofmaking an informal record of date of discussion and sub-jects covered and provides it to the employee within five(5) duty days of date when the discussion occurred. Suchnotation will be kept in the school file only.

Section 3. Discipline and Adverse Action.

a. Discipline shall be corrective. The primary emphasis ofdisciplinary action is correction, development, and rehabili-tation.

b. Pre-Action Investigation.[Cross reference to Article 35. Investigations]

c. Investigative Interview.[Cross reference to Article 35. Investigations]

d. Designation of Representative. When an employee desig-nates the Union to be his/her representative in a discipli-nary or adverse action, the employee will furnish, in writingto the supervisor or appropriate management official, thename and address of said representative. Copies of all cor-respondence sent by the employer to the employee will be

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furnished to his/her union representative. In addition, co-pies of all material relied upon to support the disciplinaryor adverse action will be made available to the unionrepresentative.

e. Employee Rights. Employees have the right to grieve anyaction described in this Article. [Cross reference to RemovalActions of Article 33. Arbitration]

f. Equitable Discipline. All discipline shall be for just causeand consistent with applicable laws and regulations. TheEmployer recognizes the principle of progressive discipline.

g. Response Authorized. A reasonable time, to answer orallyand in writing and to furnish affidavits and other documen-tary evidence in support of the answer.

Section 4. Documents and Information.If disciplinary action is initiated, the Employer will provide theemployee and/or the Union any information relied upon inproposing disciplinary action. Upon request and in accordancewith applicable law, the Employer will provide the Union anymaterial gathered in the investigation but not relied upon.Where information is retained by other investigative agenciessuch as OSI, CID, and NIS and not in the possession of theEmployer, the Employer will make a good faith effort to ob-tain the information for the Union.

Section 5. Specific Actions.

a. Proposal Letter. In the proposal letter for the action,the following is adhered to:

(1) The notice of proposed action is clearly identifiedas a “proposal” and not a final decision.

(2) The necessary degree of specificity has been includ-ed in the narrative statement of offense to ensure em-ployee understanding of the reasons for the proposal.

(3) The notice of proposal provides copies to the em-ployee of all documentary evidence used to support theproposed action.

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(4) The notice of proposal provides the employee witha reasonable period of time to respond to the notice,both orally and in writing, and to furnish affidavits andother documentary evidence in support of such reply.

(5) The notice of proposal provides a specific statementthat the employee will remain in a normal duty statuspending decision.

(6) The notice of proposal advises the employee of theright to designate an attorney or other individual as arepresentative. This designation should be made in writ-ing, and provided to the deciding official.

(7) The notice of proposal identifies the deciding offi-cial, by name, address, and telephone number, as theindividual to whom any oral and/or written reply mustbe made. In cases where the deciding official is locatedoutside the employee’s commuting area, oral responsesshall be in compliance with this Article.

(8) The notice of proposal identifies any past discipli-nary actions which were considered in proposing theaction.

(9) The notice of proposal states that an extension tothe reply period may be granted for justifiable reasons.Upon request, giving justifiable reasons, the Agency willgrant an extension of a reasonable amount of time. Arequest for extension must be submitted in writing tothe deciding official prior to the expiration of the re-ply period.

b. Deciding Official. A Deciding Official shall:

(1) Consider only the charges and reasons for the pro-posed action specified in the notice of proposal. Thismay include a review of all information relied upon andreferred to in the notice of proposal. A deciding offi-cial also may conduct a personal investigation ifnecessary.

(2) The deciding official will endorse the conceptsdescribed in Section 3. f.

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(3) Give full consideration to any oral and/or writtenreply received from the employee or his/her represen-tative.

(4) In deciding whether or not the proposed action iswarranted, give full consideration to any aggravatingor mitigating factors.

c. Decision Letter. A final decision letter must include atleast:

(1) A statement that a reply was received from the em-ployee and that the reply was considered, or, in the al-ternative, a statement that no reply was received fromthe employee.

(2) A specific statement that the proposed action is sus-tained, not sustained, or reduced/modified, and the rea-son for the decision. If the proposed action is sustained,the final decision letter shall include mention of any ag-gravating or mitigating factors which were consideredby the deciding official. These should include any ap-plicable factors listed at Section 10 of this Article.

(3) A statement of the effective date of any action aris-ing from the final decision.

(4) A statement of the employee’s appropriategrievance/appeal rights.

d. Letter of Reprimand.

(1) Before issuance of Letter of Reprimand. Prior toinitiating a letter of reprimand, the supervisor will nor-mally meet with the employee to investigate and exploreall circumstances concerning the alleged misconductThe supervisor should:

(a) Inform the employee of his/her right to have aUnion representative present and must afford theemployee the opportunity to be accompanied by aUnion representative.

(b) Attempt to ascertain all facts involved in the mat-ter being investigated.

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(c) Determine any mitigating circumstances and al-low the employee the opportunity to explain fullythe act being investigated.

(d) Based on an analysis of all information gathered,the supervisor must decide if a letter of reprimandis warranted.

(2) Issuance of Letter of Reprimand. A letter of repri-mand will contain the following:

(a) The offense is described in sufficient detail tofacilitate a reasonable understanding of the basis forissuance. This should include at least a narrativedescription of the circumstances involved in the in-cident(s) giving rise to the letter, including times,locations, dates of events, and any witnesses whoprovided statements.

(b) If pertinent to the incident(s) contained in theletter, a delineation of past counseling of other at-tempts to correct the employee’s behavior may beincluded, but only if they occurred within the timelimits described in this Article.

(c) A warning that any recurrence of the miscon-duct may result in more severe disciplinary action.

(d) A statement providing the maximum period oftime that the letter will remain in the employee’sOfficial Personnel Folder from one to three years.Nothing in this Article prevents management fromremoving this prior to the expiration date.

(e) If appropriate, the availability of remedialresources to assist the employee in preventing recur-rences.

(f) A statement advising the employee of his or hergrievance rights relative to a letter of reprimand.

e. Suspension for fourteen (14) days or less.

(1) An advance written notice will be issued which states:

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(a) the specific reasons for the proposed action,

(b) the name, title, address, and telephone numberof the individual designated to receive an oral and/orwritten reply,

(c) the amount of time the employee has to reply,but not less than ten (10) duty days, this time limitshall not commence until the employee and/orrepresentative have received the material describedin sub-section (d) below, and

(d) the right of the employee or the employee’srepresentative to receive a copy of the material whichis relied upon to support the reasons given in thenotice.

(2) Right to Representation

(a) If otherwise in a duty status, an employee againstwhom this disciplinary action is proposed andhis/her representative shall be entitled to one-half(1/2) day of official time to prepare a response.

(b) The employee shall have the right to make anoral and / or a written response.

(c) Responses Authorized. A reasonable time, to an-swer orally and in writing and to furnish affidavitsand other documentary evidence in support of theanswer.

(3) A written decision notice will be issued which:

(a) specifies which of the reasons identified in theadvance written notice have been supported and thereasons therefore,

(b) is made after consideration of any reply madeon behalf of the employee or lack of reply,

(c) is signed by an official in a higher position thanthe official who signed the proposed notice,

(d) specifies the employee’s right to file a grievanceunder the negotiated grievance procedure, and

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(e) is delivered to the employee and his/her represen-tative before the effective date of the action.

f. Suspension for more than 14 days, reduction in gradeor pay, furlough for 30 days or less, and removal.

(1) An employee is entitled to 30 calendar days ad-vance written notice.

(2) The advance written notice will include:

(a) the specific reasons for the proposed action,

(b) the name, title, address, and telephone num-ber of the individual designated to receive an oraland/or written reply,

(c) the amount of time the employee has to re-ply, but not less than ten (10) duty days, thistime limit shall not commence until the employeeand/or representative have received the materialdescribed in sub-section (d) below,

(d) the right of the employee or the employee’srepresentative to receive a copy of the materialwhich is relied upon to support the reasons givenin the notice, and

(e) upon request, giving justifiable reasons, theAgency will grant an extension of a reasonableamount of time.

(3) (a) In addition to the above, the employee is en-titled to be represented by an attorney or otherrepresenative. If otherwise in a duty status, anemployee against whom this disciplinary actionis proposed and his/her representative shall beentitled to two (2) days of official time to pre-pare a response.

(b) Responses Authorized. A reasonable time,to answer orally and in writing and to furnishaffidavits and other documentary evidence insupport of the answer.

(4) The written decision notice will contain the same

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elements discussed for suspensions of 14 days or less(see Section 5.c. of this Article) with the exceptionthat it will specify the employee’s right of appealto the Merit Systems Protection Board (MSPB) orto file a grievance under a negotiated grievanceprocedure, but not both. The decision notice willalso provide the time limits for filing an appeal toMSPB, the address of the appropriate office, a copyof MSPB regulations, and a copy of the MSPB ap-peals form, if applicable.

Section 6. Employee’s Choice of Representative. An employee’sdesignation of representative must be made in writing.

Section 7. Past Offenses. In considering past offenses in de-termining a remedy, the following limitations must be observed:

a. Oral warnings or letters of caution may not be countedas a prior offense for the purposes of determining the ap-propriate range of remedies. While an oral warning or let-ter of caution may not be counted as a prior offense, it maybe used in determining the severity of the discipline for asubsequent offense of a similar nature.

b. A Letter of Reprimand may be counted as a prior offenseprovided the Letter of Reprimand is still in effect on thedate of the proposed notice of adverse action in which itis cited.

Section 8. Summary Reports of Adverse Actions. If generat-ed, the Agency shall provide the Union with an annual sum-mary of disciplinary and adverse actions taken against unitemployees and all other employees of the agency during theschool year, within the confines of the Privacy Act. The Unionretains the right to request any additional information under

the Statute (5 USC 7114 (b)(4)).

Section 9. Grievance and Appeal Rights.

a. Counseling and Disciplinary actions of this Article aregrievable only under the negotiated grievance procedure.

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b. Adverse actions of this Article are grievable underthe negotiated grievance procedure or appealable to theMerit Systems Protection Board, but not both. An em-ployee will have constituted an election by either filinga timely written grievance or filing a timely written ap-peal, whichever occurs first.

Section 10. Factors to be Considered in Assessing Penalties:“The Douglas Factors.”

a. Once a supervisor or manager establishes some form ofwrongdoing, he or she has the responsibility for determin-ing the penalty, from reprimand to removal. In order toensure that a disciplinary action represents the least severepenalty which would deter the employee from future in-fractions, and that the disciplinary action is taken for justcause, i.e., to improve the efficiency of the service, certainfactors should be taken into account.

b. In the case of Douglas v. Veterans Administration, 5MSPB 313 (1981), the Merit Systems Protection Boardenumerated twelve factors which it considered relevant whendeterming the reasonableness of a disciplinary action. Thesefactors, commonly referred to as the “Douglas Factors,”are widely accepted, and their use assures not only that ac-tions taken are fair and equitable, but additionally that theaction can withstand the scrutiny of a third party, such asan administrative judge or an arbitrator.

c. Any of the relevant factors listed below shall be takeninto consideration prior to taking formal disciplinary action.

(1) The nature and seriousness of the offense, and itsrelation to the employee’s duties, position and respon-sibilities, including whether the offense was intention-al or technical or inadvertent, or was committedmaliciously or for gain, or was frequently repeated.

(2) The employee’s job level and type of employment,including supervisory or fiduciary role, contacts withthe public, and prominence of the position.

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(3) The employee’s past disciplinary record.

(4) The employee’s past work record.

(5) The effect of the offense upon the employee’s abil-ity to perform at a satisfactory level.

(6) Consistency of the penalty with those imposed uponother employee(s) for the same or similar offense in likeor similar circumstances.

(7) Consistency of the penalty with any applicable agen-cy table of penalties.

(8) The notoriety of the offense or its impact upon thereputation of the agency.

(9) The clarity with which the employee was on noticeof any rules that were violated in committing theoffense.

(10) Potential for the employee’s rehabilitation.

(11) Mitigating circumstances surrounding the offense.

(12) The adequacy and effectiveness of alternative sanc-tions to deter such conduct in the future by the employeeor others.

ARTICLE 31EMPLOYEE GRIEVANCE PROCEDURE

Part I. General Information.

Section 1. Purpose. The purpose of this article is to establisha procedure whereby employees may secure at the lowest levelpossible, equitable and expeditious solutions to their grievances.This negotiated procedure shall be the exclusive procedure avail-able to employees for settlement of grievances.

Section 2. General. A grievance is defined as a request by anemployee, or by a group of employees acting as individuals forrelief in a matter of concern or dissatisfaction. In the event eitherparty should declare a grievance non-grievable or non- arbitra-ble, the original grievance shall be considered amended to in-

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clude this issue. The Agency agrees to raise any question ofgrievability or arbitrability of a grievance within three (3) dutydays of notification by the Union of which cases shall be takento arbitration. Management agrees that a procedural issue notraised in the Step 3 response will not be raised at the arbitra-tion level. A substantive issue may be raised at any time dur-ing the grievance and arbitration process. All disputes ofgrievability or arbitrability shall be referred to arbitration asa threshold issue. The Agency will deal with the merits of thegrievance even when they claim it is not grievable, lacks time-liness, has procedural defects, etc.

Section 3. Matters Covered. This grievance procedure will beused to process any matter of concern or dissatisfaction to anemployee or group of employees, to include adverse actionagainst temporary employees, and excluding those matters iden-tified in Section 4 of this article. These matters will include allmatters that are determined to be appropriate under the CivilService Reform Act of 1978 (PL 96-454, Title VII, Section7121).

Section 4. Exclusions. Those matters excluded from thenegotiated grievance procedure are:

a. Violations relating to political activities (as revised bythe 1993 legislation).

b. Retirement, life insurance or health benefits.

c. A suspension or removal for national security.

d. Any examination, certification or appointment

e. The classification of any position which does not resultin the reduction in grade or pay of an employee.

f. Separation of employees during their probationary period.

g. Termination of NTE appointments unrelated to an ad-verse action.

h. A matter which comes under the administraive or legaljurisdiction of a military department.

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Section 5. Exercising Option. An aggrieved employee may raisethe following matters under statutory procedures (Merit Sys-tems Protection Board [MSPB], Equal Employment Oppor-tunity [EEO]) or negotiated grievance procedures but not both.For the purpose of this article an employee shall be deemedto have exercised his/her option to grieve or appeal only whenthe employee files a written, timely notice of appeal under theappellate procedure or files a timely written grievance underthe negotiated grievance procedure. Consulting with an EEOcounselor does not result in the loss of the employee’s rightto grieve.

a. Adverse Actions: Removals, Suspensions for more than14 days, Reduction in grade or pay and furlough for 30 daysor less.

b. Unacceptable Performance: Demotions, removals.

c. An Equal Employment Opportunity (EEO) Complaint:An allegation of descrimination based upon race, color,religion, sex, age, national origin, marital status, politicalaffiliation or a physical handicap. If an employee appealsto MSPB, s/he cannot file a grievance under the Agree-ment or EEO complaint except for Mixed Cases.

Section 6. Merit Systems Protection Board. An employee mayfile an appeal to the Merit Systems Protection Board at anytime after notice of adverse action but not later than twenty(20) calendar days after the effective date of the adverse ac-tion. If an employee appeals to MSPB, s/he cannot file agrievance under the Agreement or EEO complaint except forMixed Cases.

Section 7. Investigation. See Article 35, Investigations.

Section 8. Identical Grievances. When a group of employeeshas an identical grievance, it will be considered as an individu-al complaint of one employee and will be processed as a singlegrievance in the name of one employee designated by the othersto act for them. All employees joining in the grievance mustbe identified and must sign the grievance at the stage it is in

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writing. There will be only one representative for the group.The final grievance decision will apply to all members of thegroup.

Section 9. Union Oversight. Any employee or group of em-ployees in the unit may present grievances to the Employer andhave them adjusted as long as the adjustment is no: inconsis-tent with the terms of the contract and the Union has been givenopportunity to be present at the adjustment or has been in-formed of the final decision in writing.

Section 10. Representational Rights of Employee. No employeeshall be required to meet with any administrator or supervisorat any step of the grievance procedure without representation.

Section 11. Time Limits.

a. All grievances must be initiated within fifteen (15) calen-dar days after the grievant knew or with reasonable dili-gence should have known, of the occurrence of the matterout of which the grievance arose.

b. Grievances will be processed through the formal step (step2) of the procedure with the exception of review of discipli-nary actions which will be initiated at the appeal step (step3).

c. All time limits set forth in the procedure may be extend-ed by mutual consent, but if not so extended, they mustbe strictly observed.

d. (1) School Level. Time limits will begin from the receiptof an oral or written grievance (Step 1) or of a writtengrievance (Step 2) by the Employer and the receipt ofthe decision by the employee(s).

(2) Regional Level. For a written submission, time limitswill begin from date of postmark. For a writtenresponse, time limits will begin from the date of receiptof the grievance decision by the Union.

e. A grievance will automatically be terminated on requestof an employee or upon the death of the employee or resig-

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nation or separation for reasons not connected with thegrievance, provided there is no question of pay involvedor other relief that could be granted to the employee orhis/her estate.

f. If the last day of the time limit falls on a Saturday, Sun-day, federal holiday or any other non-work day, the lastday of the time limit shall be the next employee duty day.

Section 12. Employee Protection. The fact that a grievance israised by an employee shall not be recorded in the employee’spersonnel file or in any file or record utilized in the promotionprocess; nor shall such fact be used in any recommendationfor job placements. An employee shall not be placed in jeopardyor be subject to reprisal, restraint, coercion, or discriminationfor having followed this grievance procedure.

Section 13. Official Time. In conjunction with employeegrievance and appeals, official time will be granted to Unionrepresentative and aggrieved employees for preparing thegrievance and/or appeals and for meetings with the Activity.All meetings dealing with grievances will be held on duty time.Commensurate with the gravity and/or complexity of thegrievance a reasonable amount of official time is authorized.

Section 14. Non-Meritorious Grievances. Nothing in this con-tract shall be so interpreted as to require the Union to representan employee in processing a grievance or to continue to representhim/her, if the Union considers the grievance to be invalid orwithout merit.

Section 15. Access to Information.

a. The Employer will provide the employee and / or theUnion any information relied upon in processing thegrievance. Upon request and in accordance with applica-ble law, the Employer will provide the Union any materialgathered in any investigation or research but not relied upon.Where information is retained by other investigative agen-cies such as OSI, CID, and NIS, and not in the possession

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of the Employer, the Employer will make a good faith ef-fort to obtain the information for the Union.

b. The Union may request that they be given the opportu-nity to interview witnesses who have been interviewed bymanagement. DoDDS will request that those witnesses, notunder their jurisdiction, cooperate with the Union.

c. The act of invoking arbitration on any grievance shallconstitute a request under 5 U.S.C. 7114(b)(4) for all ofthe data relied upon in rendering the final agency decisionon a grievance. This data will be sent to the Union by themost expeditious means. If the data is not immediately avail-able, the Union will be notified as to when this data willbe available.

Section 16. Grievance File. When an employee grievance isprocessed under this Article, the Agency will establish a filecontaining all documents described below. This file becomesthe official grievance file. It will contain original documentswhenever possible, or true copies. This file will contain:

a. The written grievance; with all documents submitted bythe grievant,

b. and the written decision rendered at each step.

A copy of this file will be given to the grievant and theRegional Union Representatives.

Section 17. Work Week / Timeliness. For the purposes of thisarticle, schools that use a different work week, (for example,in Bahrain, the Islamic workweek of Saturday to Wednesdayis used) the non-work days used by that school will count asthe Saturday and Sunday in computing timeliness.

Section 18. Grievance Listing. The Employer agrees to providethe Union with periodic updates of the Step 3 Appeal grievancesthat they have received.

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Part II. Grievance Procedures.

Section 1. In the case of disciplinary and adverse actions. Inthe case of disciplinary or adverse actions, the employee shallinitiate their grievance at the appeal step (Step 3) within fifteen(15) calendar days of receipt of the decision on the disciplinaryor adverse action, The employee has the option of submittingtheir grievance directly to the regional director for review orto the regional director through their principal. If the employeesubmits their appeal to the principal, the appeal will be for-warded to the regional director within two (2) working daysfollowing receipt of the grievance. A copy of the transmittalletter will be provided to the employee.

Section 2. Normal Grievance Procedure.

a. Step 1 - Informal Step. Informal resolution is ac-knowledged to be the most constructive means of resolv-ing grievances. Therefore, employees are encouraged to meetwith the administrator informally without reducing thegrievance to writing. The same time limits apply and theemployee may be accompanied by his/her representative.The principal will communicate his/her decision orally orin writing within ten (10) calendar days of the discussion.

b. Step 2 - Formal Step. Grievances must be submitted inwriting at this step within the fifteen (15) calendar days’time limit detailed in Section 11. If the employee present-ed his/her grievance under Step 1, the grievance must besubmitted within ten (10) calendar days after the Step 1 de-cision has been received. Grievances must be signed by theemployee(s) or the employee’s representative and containthe following information: employee’s name; date filed; ad-dress and telephone number; name of representative, if any;statement of grievance to include Article and Section of theAgreement, regulation or policy allegedly violated, detailedcircumstances concerning the grievance and resolutiondesired. The principal or his designated representative willmeet, if Step 1 was not used, with the grievant(s), who maybe accompanied by a representative, for the purpose of dis-

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cussing or clarifying the grievance. A written decision willbe issued to the employee with ten (10) calendar days.

c. Step 3 - Appeal. If the grievance is not settled at Step2, the grievant may submit the grievance in writing to theRegional Director within ten (10) calendar days after thereceipt of the Step 2 decision or the expiration of the peri-od of time for a written decision. The Union, the RegionalDirector / designee, or the grievant, if not represented bythe Union, may request a meeting as part of this step. Suchmeeting may be conducted in person at the work site of thegrievant. A final decision will be issued to the grievant andthe Regional Union Representative within twenty-five (25)calendar days of receipt of the Step 3 grievance. The Em-ployer will establish a file containing all documents perti-nent to the case including but not limited to summaries andtranscripts, findings, documentary evidence considered inresolving the grievance and the written decision renderedat each step. A copy of this file will be given to the RegionalUnion Representative.

d. Step 4 - Arbitration. If the Employer and the Union failto settle any grievance arising under this section, suchgrievance upon written notice invoking arbitration shall besubmitted by the Regional Union Representative or desig-nee to the Director or designee within thirty (30) calendardays after the receipt of the final decision. The provisionsof Article 33 will apply at this step. The Union may invokearbitration when the time limit for the Step 3 Appeal hasbeen exceeded.

ARTICLE 32POLICY GRIEVANCE PROCEDURE

Section 1. Policy.

a. The purpose of this article is to provide for the satisfac-tory settlement of grievances involving the application, ad-ministration and/or interpretation of this Agreement or

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personnel policies or practices, regulations, policies hav-ing an effect on the working conditions of the employeeor the Union. Grievances under the Article may be initiat-ed by either party.

b. Questions which cannot be resolved by the Parties as towhether or not a matter is subject to the provisions of thisprocedure shall be referred to arbitration for decision.

Section 2. Procedures. Informal resolution will be attemptedon issues as appropriate in Section 1 .a. If the issue is not resolvedinformally to the satisfaction of both Parties, either Party mayfile a grievance in writing. A written response will be issuedwithin twenty-five (25) calendar days after the grievance wasreceived. Either party may invoke arbitration if the time limitfor the response is exceeded. Either Party may invoke arbitra-tion procedures of this contract within thirty (30) calendar daysafter receipt of the written response.

ARTICLE 33ARBITRATION

Section 1. Policy. Binding Arbitration shall be the procedureused for any grievance not satisfactorily settled under thenegotiated grievance procedures. Both parties agree that goodfaith resolution of all grievances shall be attempted throughsettlement and Grievance - Mediation procedures.

Section 2. Arbitration Panel.

a. The Parties will jointly request from the Federal Media-tion and Conciliation Service a listing of fifty (50) arbitra-tors. Such listing shall be arbitrators from the New York,Boston, Philadelphia, and Washington, D.C. areas. Anyfee charged for this service shall be shared equally by theparties. Upon receipt of the list, the Parties will each havean initial unilateral strike of names, with ten (10) for theAgency and (10) for the Union. The first ten (10) strikes

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for each party shall be done alternately, first strike deter-mined by a flip of the coin. From the remaining names eachparty shall unilaterally select two (2) arbitrators for inclu-sion on an arbitration panel. There shall be four (4) arbitra-tors on the panel. Such selections shall be alternating withthe flip of a coin. In addition to the two arbitrators for eachparty, the parties shall continue to select additional arbitra-tors, with five (5) for the Agency and five (5) for the Un-ion. The names of these arbitrators will be held in reserve.These arbitrators shall be appointed when a vacancy oc-curs in the order of their nomination. The arbitrators willbe selected and in place within six (6) months after the ef-fective date of the contract but the current panel shall re-main active during the six (6) month interim period. If thenew panel is in place in less than six (6) months, the cur-rent panel will be terminated. If for any reason, either partyrefuses to participate in the selection of the panel, the Fed-eral Mediation and Conciliation Service shall be empoweredto make a direct designation of the names to be used forthat party’s selections.

b. The Parties shall jointly notify the selected arbitratorsrequesting their acceptance of selection. Those decliningshall be replaced by an alternate choice of the party select-ing them. If the selecting party replaces the declining ar-bitrator with an arbitrator from the reserve list, the selectingparty may select a new arbitrator for the reserve list withidentical placement on the list as the previous arbitrator.The Parties authorize no retainer fee for service on thepanel.

c. The panel will consist of four (4) members. Arbitratorsshall serve for a period of three (3) years from appointment.At the end of the three (3) years of appointment, either partymay choose to retain both of its previous selections to thepanel. If a party chooses not to retain its panel selections,the party may replace their panel members with any arbitra-tor selected by that party for the reserve list. If the partyreplaces its panel members with arbitrators from the reservelist, the remaining arbitrators on the list shall move for-

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ward in placement on the list. The arbitrators removed fromthe reserve list may not be replaced. If the reserve list isdepleted to the extent that these procedures can no longerbe applied, the procedures in Section 2.a will be followed;however, the other party shall continue to have the rightto retain both of its previous selections for the new panel.

d. Either party may unilaterally remove one arbitrator fromthe panel at any time during the first three years of the termof the panel. By mutual agreement, the Parties may removeanyone or all members of the panel. Those arbitratorsresigning from the panel during their appointment or whoseappointments are revoked will be replaced. When a vacan-cy occurs, Section 2.a provides for filling vacancies on thepanel.

e. The panel of arbitrators will be listed in order of selec-tion for assignment of grievances.

f. This panel will be used for all grievance - arbitrations,grievance - mediations, and interest - arbitrations (with priorFSIP approval) occurring during the term of the agreement.

Section 3. Invocation of Arbitration.

a. If the Union and the Agency fail to settle any grievancearising under Article 31 or Article 32, such grievance, uponwritten notice of invoking arbitration, shall be submittedby a Regional Union Representative or designee or theDirector or designee to the other within thirty (30) calen-dar days after receipt of the final decision.

b. Special Procedure for Removal Actions. When the Agen-cy has decided upon a removal action, the employee willbe suspended without pay until the arbitrator has rendereda final decision. Removal cases will advance to the top ofthe list of arbitration cases. If an arbitration round is sched-uled between 60 and 90 days of the final decision to removean employee, the grievance - arbitration case will be heardas the first case of the round. If an arbitration round is notscheduled within 60 to 90 days of the decision letter, anotherround will be held not earlier than 60 days from the date

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of the decision letter. The arbitrator scheduled for the nextregularly scheduled round will be requested to set aside timeto hear this case. If this arbitrator is unavailable, the par-ties will move down the list of approved arbitrators in theorder in which they were selected for the panel until an ar-bitrator accepts this appointment. In order to reduce costs,the parties will engage in grievance - mediation of no morethan three (3) pending grievance - arbitration cases. Thisgrievance - mediation will take place on the day followingthe end of the hearing and the procedures will be IAW Sec-tion 13 of this Article. To expedite this procedure, the par-ties will submit their post- hearing briefs not more than 15calendar days after the close of the arbitration hearing. Thearbitrator will be directed to issue a decision within 15 calen-dar days of receipt of the post hearing briefs. A telephonecall from the arbitrator to the parties shall be adequate no-tice, to be followed by a written decision. If the arbitratoraffirms the Agency removal action, the employee will beseparated immediately. If the arbitrator overturns theremoval action, the Agency will implement the arbitrator’sdecision immediately.

c. Grievances will be arbitrated in the order in which ar-bitration was invoked. If both parties invoke arbitrationfor their respective grievances and there is disagreement onwhich party was first to invoke arbitration, so as to deter-mine which party’s grievance shall be heard in the upcom-ing arbitration round, the disagreement shall be resolvedby the flip of a coin. The party winning the coin toss willbe entitled to arbitrate its grievance in the upcoming ar-bitration round. The party losing the coin toss will be enti-tled to arbitrate its grievance in the next round.

d. In assignment of grievances for hearing:

(1) Normally, no more than three (3) grievances maybe assigned to one arbitrator at a time except under spe-cial procedures for removal actions (Section 3.b).

(a) If fewer than three (3) cases are scheduled forthe October round or for the January/February

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round, those rounds shall be cancelled and pend-ing cases moved to the May round.

(b) The last scheduled round for the school year shallnot be cancelled if any case is still pending.

(2) Nothing shall prevent use of the arbitrators inGrievance Mediation (Section 13) in addition to his/herscheduled set of three (3) grievances for hearing.

(3) The Parties shall ask the panel of arbitrators toreserve dates thoughout the school year in which to heargrievances.

(4) For the first year this Agreement is in effect, onearbitrator shall be asked to reserve dates for the firstround to be scheduled in October of a given school year,the next arbitrator for the second round to be sched-uled in January / February of a given school year, thenext arbitrator for the third round to be scheduled inMay of a given school year, and, for the ExtraordinaryRound to be scheduled (as per Section 3.d.(6)) with thearbitrator of the third round assuming authority overthe Extraordinary Round.

(5) In subsequent years, arbitrators shall rotate with thenext arbitrator in rotation assigned to the date for thefirst arbitration round of the new school year and soon. Arbitrators shall be used in regular rotation.

(6) Extraordinary Round. If there are eight (8) or morecases pending for which arbitration had been invokedfor one calendar year or more by the end of third ar-bitration round, an Extraordinary Round will be held.It is the intent of the Parties that no grievance - arbitra-tions shall be pending more than one calendar year fromthe date arbitration was invoked. Up to three (3) caseswill be heard at the Extraordinary Round.

(a) This round shall be conducted no earlier thanthirty (30) calendar days after the first reporting dayfor students at the beginning of the school year, andbefore, but not in conjunction with the regularly

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scheduled first round of grievance-arbitrations.

(b) One (1) week shall be scheduled for hearinggrievance cases eligible for the ExtraordinaryRound.

Section 4. Settlements. The Parties agree that a key aspect ofthe arbitration process is settlement. With this in mind, the Par-ties recognize their responsibilities in engaging in good faithsettlement discussions of all grievances; however, the Partiesrecognize that not all grievances may be settled by the Partiesand will require a third party to arbitrate the grievance.

Section 5. Selection and Notification of Cases to be Arbitrated.

a. The cases that an arbitrator will hear will be identifiednot less than thirty (30) calendar days prior to the first dayof the scheduled hearing. If this day falls on a unit em-ployee’s non-duty day, the next duty day will be consideredthe last day of this thirty day limit.

b. Except for the Special Procedure of Removal Actions,if a grievance is identified to be arbitrated in an arbitra-tion round, all grievances that were invoked for arbitra-tion on dates prior to the date of invocation for thisgrievance, and have not been selected to be arbitrated inan arbitration round, will no longer be entitled to be ar-bitrated.

Section 6. Record of Hearing. Either party may request a recordof an arbitration hearing. If one party obtains a record at itsown cost, the second party will not be entitled to receive orobtain said record or a copy thereof unless it is provided tothe arbitrator. Such copy will be at no cost to the second partyand will be provided to the second party upon receipt by thefirst party. The first Party will give the second Party a twenty-five (25) calendar day notice of its intent to record the proceed-ings and whether or not they will provide a copy to the arbitra-tor. Failure to notify the second Party prior to the twenty-five(25) day notice period will nullify the right to record theproceedings.

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Section 7. Arbitrator fees.

a. The fees and expenses of arbitration will be shared equallyby the Parties. Travel and per diem costs of the arbitratorshall not exceed the applicable rates authorized for U.S.Government employees in accordance with the JTR. Nor-mally, the arbitrator will receive compensation for no morethan two preparation/research days regardless of the lengthof the proceedings.

b. Cancellation Fees. Terms and conditions for cancella-tion of a round shall be as follows:

(1) When an arbitrator is given at least thirty (30) daysnotice that an arbitration round has been cancelled, nofee shall be imposed on the Parties.

(2) When an arbitrator is given at least fifteen (15) daysnotice that an arbitration round has been cancelled, 50%of the normal fee may be imposed on the Parties. Thefee shall be shared equally by both Parties.

(3) When an arbitrator is given less than fifteen (15) daysnotice that an arbitration round has been cancelled, afull fee may be imposed on the Parties. The fee shallbe shared equally by the Parties.

Section 8. Arbitrator’s Decision / Authority.

a. Arbitrator’s Decision. The arbitrator’s decision is bind-ing, but exceptions may be taken in accordance with theprovisions of Title 5, U.S.C. 7122 and 7123.

b. Arbitrator’s Authority.

(1) If the Parties are unable to agree on matters con-cerning the implementation of this Article, then, uponrequest of either Party, the arbitrator selected to hearthe cases has the authority to resolve procedural dis-putes. The arbitrator has the authority to makeprocedural rulings which will effectuate proper and ef-ficient labor management relations.

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(2) In rendering a decision / award, the arbitrator hasauthority to:

(a) Resolve questions of arbitrability.

(b) Interpret and define the terms of this Agreement.

(c) Rule on the application of law and regulationto the Agreement and the Parties’ obligations andresponsibilities thereunder.

(3) The arbitrator shall have no authority to alter,amend, add to or subtract from the negotiated Agree-ment. S/he shall be bound by and must comply withall terms of the Agreement.

(4) The arbitrator shall not be bound by formal rulesof evidence.

(5) In accordance with 5 U.S.C. 5596 (b) and 5 U.S.C.7701 (g) and in compliance with standards establishedby the Merit Systems Protection Board in administer-ing 5 U.S.C. 7701 (g), the arbitrator may award reasona-ble attorney fees incurred by the employee, if thearbitrator determines that payment by the Agency iswarranted in the interest of justice.

Section 9. Expedited Arbitration Procedures.

a. The Parties may establish alternatives to a full hearing.Two such options are:

(1) A bench decision whereby the Parties waive briefsand transcript, The arbitrator’s written decision neednot be long but must contain the arbitrator’s rationalefor the award.

(2) An argument of the issue of the grievance on writ-ten brief only, without hearing.

b. The Grievance - Mediation Procedures outlined in Sec-tion 13 of this Article for good faith attempts at resolutionwill be used.

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Section 10. Witnesses, Grievants, and Representatives.a. Witnesses who are employees shall suffer no loss of payor leave for so serving, if otherwise in a duty status. Thesewitnesses shall receive reasonable amounts of release timefor preparation and sufficient release time to present theirtestimony.b. The grievant(s) shall be granted a reasonable amount ofpreparation time and be on release time for the entire lengthof the hearing.

c. A local representative named by the Union, will be grant-ed a reasonable amount of preparation time and release timeto attend the entire hearing when only one full-time unionrepresentative is at the hearing site to present the case. Whenboth full-time union representatives are present at the hear-ing the said representative will have the option to use LWOPor APL to attend the hearing.

d. Witnesses, grievants and representatives who are DoDDSunit employees and do not reside at the hearing site willbe authorized release time, transportation to the hearingsite and per diem at the Agency’s expense. When witnessesare outside the country the Parties will attempt to obtaintestimony without requiring them to travel.

e. The parties shall exchange witness lists by FACSIMILE(FAX) at least fifteen (15) calendar days prior to the dateof the arbitration round. The Parties shall have opportu-nity to challenge witnesses. If there is a dispute overrelevance of testimony of witnesses, the arbitrator will makea ruling over the dispute. In addition, in the event that wit-nesses are added to the list after the 15 day deadline, theother party shall be informed immediately.

Section 11. Reducing Costs. The Parties will strive to reducethe costs of arbitration.

Section 12. Hearing Site. An arbitration hearing will be heldat the site giving rise to the grievance; however, to reduce costsand in the interest of efficiency, the hearing site will be changedby mutual consent. If mutual consent can not be reached thearbitrator may be requested to determine the hearing site.

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Section 13. Grievance - Mediation Procedures / Process.

a. The purpose of Grievance - Mediation is to reduce thenumber of instances of litigation, reduce cost and achievetimely and satisfactory resolution to grievances.

b. Procedures.

(1) The Union will notify the Agency thirty (30) daysprior to the arbitration round of which cases they wishto attempt resolution through this informal mediationprocess. The Union will send the grievant’s file to thearbitrator prior to the scheduled hearing.

(2) The parties shall use the arbitrators from the panel.

(3) Each arbitrator shah set aside at least one day, whileconducting arbitrations, to act as a grievance mediator.

(4) No more than three (3) grievances in sequence fol-lowing the grievances being heard at a given arbitra-tion round, shall be presented by the parties forgrievance - mediation. The presentations will normallyfall on the day between the first and second grievancearbitrations or the day between the second and thirdgrievance arbitrations. The Parties shall not limit them-selves to these days if the opportunity arises on the sameday a grievance arbitration is conducted. The presen-tation shall not include the grievant or witnesses. Onlythe Parties designated representatives are authorized tomake a presentation. Each party has thirty (30) minutesper grievance to make a presentation. Proceedings be-fore the mediator (arbitrator) shah be informal, the rulesof evidence will not apply and no record of the media-tion conference shall be made. The mediator (arbitra-tor) will have the authority to meet separately with anyperson or persons. After each side has made theirpresentation on a grievance, there will be a joint dis-cussion of no longer than thirty (30) minutes on thatgrievance. Time limits for presentations and discussionswill be strictly followed unless the Parties mutually agreeto extend the time limits.

125

(5) At or after each joint discussion segment, the ar-bitrator will mediate or render an oral advisory deci-sion immediately upon conclusion of the jointdiscussion. The arbitrator will not have the authorityto compel the resolution of a grievance.

c. Limitations.

(1) Normally, the arbitrator will not arbitrate the samegrievance heard at grievance - mediation.

(2) If no settlement is reached at mediation, the partiesare free to arbitrate. None of the mediation or settle-ment attempts, with regards to offers or concessionsmade, can be used if a case goes to arbitration. In thisregard, nothing said or done by the mediator may bereferred to at arbitration, and nothing said or done byeither party at mediation may be used at arbitrations.

(3) The arbitrator scheduled to conduct any given setof grievance mediations will have full authority toresolve any dispute with regards to procedures set outin this grievance - mediation process.

(4) The parties recognize that during an arbitrationround, the intervening days between individual grievance- arbitrations may be needed to be utilized for travelto the next arbitration site for the Union or Agencyrepresentative or the arbitrator. In addition, these daysmay be needed for additional preparation for agrievance - arbitration if there are two or more grievance- arbitrations to be conducted at one duty location. Avariety of extenuating circumstances may prevent eitherParty’s representative from participating in the infor-mal grievance - mediation process. Therefore, eitherParty may not be available to participate in a grievance- mediation at every arbitration round; however, bothParties recognize the importance of settlement and willmake good faith efforts to participate. In view of theabove, the Parties will make every good faith effort tomediate up to three (3) grievances per round unlessmutually agreed to do otherwise.

126

(5) Both Parties agree that this procedure will only beutilized during the arbitration round. If the arbitrationround is bypassed, the grievance - mediation processwill not be utilized until the next arbitration round isconducted. The Parties agree that informal settlementdiscussions will continue during the intervening time be-tween arbitration rounds.

(6) Both Parties agree that this procedure will not beutilized if any additional costs will be incurred, beyondthe normal and expected costs incurred for the arbitra-tion round.

(7) This procedure will begin with the first round of ar-bitration after this Agreement goes into effect.

d. Trial Period. Either Party will have the option to reopennegotiations on the grievance - mediation procedure /process described in Section 13 of this article. These negoti-ations will not take place prior to the implementation ofthis section for one continuous school year. Written notifi-cation by either Party must be served on the other Partywithin thirty (30) calendar days after the last teacher dutyday of said school year. If notification is not made this sec-tion will become a permanent part of the collective bargain-ing agreement.

ARTICLE 34VOLUNTARY ALLOTMENT OF UNION DUES

Section 1. Coverage. Dues withholding privileges will be ex-tended to employees of the bargaining unit throughout the peri-od of the Agreement, subject to applicable laws, rules andregulations. SF 1187 forms which are in effect on the date ofthis Collective Bargaining Agreement shall continue in full force.Those unit employees who have already authorized dues with-holding under currently negotiated Dues Withholding agree-ments will not need to execute new SF 1187 forms.

127

Section 2. Employee Responsibility.

a. An employee may authorize an allotment from his/herpay for the payment of Union dues provided the employeemeets all the following requirements:

(1) the employee has voluntarily completed StandardForm 1187, Request and Authorization for VoluntaryAllotment of Compensation for Payment of EmployeeOrganization Dues.

(2) the employee is in the unit represented by the Un-ion for which the employee authorized payroll withhold-ing of Union dues.

b. An employee’s allotment for the deduction of Union duesmay be terminated when an employee submits to the ser-vicing finance office a Standard Form 1188, Revocation ofVoluntary Authorization for Allotment of Compensationfor Payment of Employee Organization Dues. A termina-tion of allotment shall be effective with the fourth full payperiod following the reporting date for employees in theunit. The employee is responsible for ensuring that a proper-ly completed SF 1188 is forwarded prior to the fourth fullpay period after the opening of that school year. Dues with-holding shall not be revoked if the employee submits theSF 1188 in an untimely fashion.

Section 3. Union Responsibility. The Union will:

a. notify the appropriate finance office(s) of the names andtitles of officials authorized to make the necessary certifi-cation of Standard Form 1187 and the name and addressof the person or financial institution to whom the allotmentshould be made.

b. notify the appropriate finance office(s) of the amountof dues to be withheld each pay period and the number ofpay periods dues shall be withheld.

c. Union will make an employee whole for dues erroneouslywithheld by a finance office and received by the Union.

128

Section 4. Employer Responsibility.

a. The Employer is responsible for the actions of the Ser-vicing Finance Office and will be responsible for:

(1) processing voluntary allotment of dues in accordancewith this Agreement;

(2) withholding dues on a biweekly bases;

(3) notifying the Union when an employee is not eligi-ble for an allotment;

(4) withholding new amounts of dues upon certifica-tion from the authorized Union official;

(5) transmitting allotment to the person and/or organi-zation designated by the Union together with a list ofthe locations and names of employees for whom deduc-tions were made, the amount withheld and total deduct-ed and a copy of all revocation notices (Form 1188)received by the payroll office(s);

(6) insuring that allotments continue to be withheld whenan employee transfers within the bargaining unit,provided the employee continues to be otherwise eligi-ble. Employees are not required to complete a new Form1187 each year but shall continue so long as they arein the bargaining unit or a revocation notice is proper-ly submitted.

b. When a “Not-to-Exceed” (NTE) employee is on dueswithholding, the employee shall continue on dues withhold-ing when converted to an Excepted Service position.

c. The Agency shall make the Union whole for any dueslost through dues withholding process due to governmenterror as provided for by law.

d. When the Union determines that there is a need to meetwith the Agency and /or the servicing finance offices, theUnion designated representative will be granted a reasona-ble amount of time to meet with appropriate officials toresolve the problems. The Union representative dealing with

129

dues withholdings is authorized the use of all communica-tions media from within the Region that is provided forby this contract.

Section 5. Effective Dates. The effective dates for actions un-der this Article are as follows:

Action Effective Datea. Starting dues withholding 1. Beginning with the fourthperiod after the reporting date payof employees and of receipt ofproperly executed and certifiedStandard Form 1187

b. Change in Amount

c. Revocation by employee

2. If an employee submits aStandard Form 1187 in timefor deductions to begin withthe sixth pay period dues shallbe withheld for sixteen payperiods beginning with thesixth pay period.

3. Subsequently, dues with-holding will begin with the payperiod following the receipt ofa Standard Form 1187.

Beginning of first full pay peri-od after receipt of certificationin finance office.

Beginning with the fourth peri-od following the reporting datefor employees in the unit.Revocation must be receivedby the finance office prior tothat pay period.

130

ARTICLE 35INVESTIGATIONS

Section 1. Rights of Employees.

a. Representational Rights of Employee. The Employer willinform employees of their right to request and receiverepresentation before any disciplinary and/or adverse ac-tion is imposed or an investigation, examination or reviewis conducted which they have reason to believe could leadto disciplinary or adverse action, in accordance with Arti-cle 2, Section 3.b.

b. Informing the Employee. Once an employee has beeninformed that they are subject to an investigation by thehost nation authorities, the Employer shall inform the em-ployee that she/he may have certain rights under the Sta-tus of Forces Agreement (SOFA). The Employer will informany United States military or equivalent civilian agency ofthe rights of educators to have representatives present whenbeing interviewed, questioned, or investigated.

c. Allegations of Child Abuse. In cases of Child Abuse al-legations: see Article 20, Section 14. on Educational En-vironment.

Section 2. Pre-Action Investigation. This applies only to in-vestigations conducted by the Employer. A Pre-Action Inves-tigation is the gathering of facts and information pertainingto an employee’s conduct prior to taking any disciplinary ac-tion. Usually referred to as a pre-action investigation, thisprocess will vary in complexity and formality. The pre-actioninvestigation provides the basis for determining if any actionshould be taken or proposed. The investigation itself is not acorrective action. Once investigated, a given set of circumstancesmay warrant a different response or remedy than originally an-ticipated. Upon request, the employee and/or witnesses, whoare unit employees, shall have the right to representation bythe Union.

131

Section 3. Investigation Interview. If the Employer conductsan investigative interview or requests an outside agency to con-duct the investigation, such as the CID, OSI or NIS, upon theemployee’s request, the Union shall be notified and be givenan opportunity to be present at any interview with the employee.If the employee requests a Union Representative, a reasonableamount of time will be provided to secure a representative.

Section 4. Right to Information. Cross reference to Article 30,Section 4. Documents and Information.

Section 5. Confidentiality. The Agency will hold all informa-tion, relative to a proposed disciplinary or adverse action, inaccordance with the provisions of the Privacy Act.

Section 6. Designation of Representative. When an employeedesignates the Union to be his/her respresentative in a discipli-nary or adverse action, the employee will furnish, in writingto the supervisor or appropriate Management official, the nameand address of said representative. If no one is designated theLUR shall be entitled to represent the interests of the bargain-ing unit during this process. Copies of all correspondence sentby the Employer to the employee will be furnished to his/herUnion representative. In addition, copies of all material reliedupon to support the disciplinary or adverse action will be madeavailable to the Union representative. If the employee does notwish to have a respresentative, she/he shall so state this to theappropriate Management official.

Section 7. Rights of Union Representatives in Investigationsand Examinations. The rights of the Union Representative in-clude but are not limited to the following:

a. advising the employee who is responding,

b. clarifying questions and answers,

c. assisting the employee in presenting evidence,

d. suggesting other employees who have knowledge ofrelevant facts.

132

Section 8. Official Time. In conjunction with an investigationthe employee and Union representative will receive a reasona-ble amount of official time as appropriate.

ARTICLE 36DURATION OF CONTRACT AND JOINT TRAINING

Section 1. The effective date of this Agreement shall be the datethe Agreement is approved by the Director, DoDDS. The agree-ment shall remain in effect for three (3) years from the dateof such approval subject to Section 2 hereof.

Section 2. The Agreement will be forwarded to higher authorityto determine compliance with applicable published laws, regu-lations, and policies. Where violation of laws, regulations orpublished policies of higher echelon are found, higher echelonwill advise the Director of the specific violation. The Partieswill meet and negotiate the required changes in the Agreement.The Agreement will be distributed to all bargaining unit em-ployees promptly after the Agreement is printed. Expense forprinting shall be borne equally by the parties.

Section 3. The present CBA shall remain in full force and effectuntil such time as a new Contract is effective.

Section 4. If any provision is declared non-negotiable, theParties will resume negotiations within thirty (30) calendar daysof the negotiability decision, and ground rules of the currentcontract negotiations will apply.

Section 5. A copy of the CBA will be distributed by the Agencyto each new employee in subsequent years.

Section 6. The CBA will contain an index which has multiplelistings, similar to the index in the current CBA and shall in-clude Article, Section and page number for each listing.

133

Section 7. The design of the Contract will be mutually agreedupon.

Section 8. Joint training sessions on the Collective BargainingAgreement shall be conducted annually. The Parties shall selecttheir own participants for such training sessions. Participantsshall be on official orders. Normally, participants shall includea representative for the Agency and one for the Union fromeach school.

134

The Parties acknowledge the following individuals for their sig-nificant contributions that ensured successful completion of thiscontract:

OFT DODDSJoseph Donaghy William SullensWilliam Rossey Michael LongGail Johnson Gilbert EspinosaRobert McGurrin Ira Scheier

Mary DavisMarian Manlove

In witness thereof, the Parties have executed this Agreement.

DODDS

The effective date of this contract is June 23, 1994.

Approved:In accordance with 5 USC 7114 (c), this Agreement is approvedfor Department of Defense Dependents Schools on this date

John L. Stremple, Ph.D.Director

135

APPENDIX A (reference Article 15. Reassignments)

REASSIGNMENT QUESTIONNAIRE

1. Attach a copy of your latest SF-50.2. Name:3. SSN:4. Service Computation Date (SCD):

day month year

5. Present School Assignment:6. Home Phone Number (with prefix):7. Do you wish to be considered with another DODDS edu-

cator who is a member of your household/family forschools within commuting distance:a. If so, list other unit employee’s name:

Other unit employee’s present school:

b. Teaching categories for which other employee is quali-fied according to current School Year (SY) standards:

c. Other unit employee’s SCD:day month year

8. List all teaching categories for which your are qualified ac-cording to current SY standards, in preference order.

(1) (2) (3)

(4) (5) (6)

9. List choices of reassignment in order of your preference.You may select a school, an area, or a contry.

(1) (2) * Alternate Choices:

(3) (4) (5)

(6) (7)

10. Are you willing to accept an itinerant position?

136

11. Summarize any special circumstances which you feel needto be considered in any reassignment:

Signature Date

* Alternative Choices, # ‘s 6 and 7, will be used as “alterna-tives” only in the event that an offer cannot be made by May1st of current SY.

137

INDEX

SUBJECT

Absence without leave ..............

Acceptancereassignments .. . . . . . . . . . . . . . . . . . . . .reassignment (RIF) .............../rejection of offer, drawdown

procedures .. . . . . . . . . . . . . . . . . . . . . .

Accessto information, grievances .....to regulations .. . . . . . . . . . . . . . . . . . . . .

Accreditation, teacher representation

Accrual leave . . . . . . . . . . . . . . . . . . . . . . . . . .minimum charge .. . . . . . . . . . . . . . . . .number of days .. . . . . . . . . . . . . . . . . .

Additional TDY orders ............

Adjustment, grievances .............

Administration of contract ........

Administrativeleave .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .leave, professional meetings ...offset, debt collection act .......Reemployment Rights ...........

Advance of leave . . . . . . . . . . . . . . . . . . . .

Adverse action (see discipline) ....representation .. . . . . . . . . . . . . . . . . . . . .stay .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adverse actions . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . .

26 6 79

15 5 3729 8 96

15 12 41

31 I-15,16 1122 6 8

20 24 65

26 1 7726 lb 7826 l a 78

10 4 28

31 I-9 111

32 l a 115

Adverse material .....................

Advisory decision, oral - mediation

Age discrimination (see EEO)

Agency

22 5b 7019 8 5617 7 4726 12 81

26 8 80

26 8 802 3b 722 8c 72

31 I-5a 11031 II-1 114

27 4 85

33 13b(5) 126

error, adverse effect on employee 7 3 16

Art Sect. Page

138

grievance procedures .............

Agenda, faculty meetings - uniontime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aids (Acquired immune deficiencysyndrome) . . . . . . . . . . . . . . . . . . . . . . . . . . .in the work place .. . . . . . . . . . . . . . . .

Alcohol abuse . . . . . . . . . . . . . . . . . . . . . . . . .

Alternatives to RIF . . . . . . . . . . . . . . . . . .

Amount of deductions, debtcollection act . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual review . . . . . . . . . . . . . . . . . . . . . . . .Any purpose leave (APL) .........

number o f days .. . . . . . . . . . . . . . . . . .LUR use .. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

grievances .. . . . . . . . . . . . . . . . . . . . . . . . . .step (3), grievances ...............

Applicants evaluation guide, to union

Applicationfor employment, informationto union .. . . . . . . . . . . . . . . . . . . . . . . . . . . .o f contract . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointmentshospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .temporary or indefinite (RIF) .

Appraisal process, length of ......

Arbitrability questions . . . . . . . . . . . . . .

Arbitrationexpedited procedures .............hearings, alternatives .............invocations .. . . . . . . . . . . . . . . . . . . . . . . . .policy grievances .. . . . . . . . . . . . . . . . .panel .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .procedure .. . . . . . . . . . . . . . . . . . . . . . . . . .

Art. Sect. Page7 7 18

12 5 32

22 9 7222 9a 72

22 8a 71

29 7 96

17 7a(2) 47

28 4h 8926 3 7826 3a 7833 10c 12431 I-5 11031 II-1 11431 II-2c 11531 I - l lb 111

13 5(4) 34

13 5(3) 3432 l a 115

22 7b 7129 1f(l) 9428 5(a) 90

31 I-2 108

33 9 12333 9 12333 3 11832 lb,2 11633 2 11633 all 116

139

Arbitration (continued) Art. Sect.round . . . . . . . . .step 4 of grievances procedure

Arbitratorsfees . . . . . . . . . . . . . . .selection & reserve list . . . . . . .union telephone contact. . . . . . .

Arbitrator’s decision/authority .

ARR returnee (RIF) .Arrival, late . . .Assessing penalties for discipline,

factors to be considered .Assignment of students . .Assignments of grievances for

hearing . . . . . . . .Attorney fees . . . . . . . . . . . . . . . . .Audio visual equipment, union useAuthority of arbitrator . . . . . . .Authorization for a response .Autovon, union use . . . . . .Appendix A . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . .AV equipment, union use . . . . .Availability of files to unauthorized

parties . . . . . . . . .

Behavioral problems . . . . . .

Bench decision (arbitration) . . . .

Benefits, training, employee rights& responsibilities . . . . .

Bindingarbitration . . . . . . . . . . ....decisions . . . . . . . . . . . . . . .

Bomb threats . . . . . . . . . . . . . . . . . . .Budget (DODDS), information

to union . . . . . . . . . . . . . . . . . . . . . .

3331

33 7 12233 2 11612 4a(2) 30

33 8 122

29 1 9222 5b(2) 70

30 10 10720 10 60

33 3d33 8b(5)12 633 830 3g12 4a

15 all12 6

27 6

22

33

19

333322

13 5(6) 35

3II-2d

Page118115

11912332122100301363732

8a

9a(l)

85

71

123

5d 54

1 1168a 1225c 70

140

Art.Building projects, LUR rights

& responsibilities . . . . . . . . . . 22Bulletin(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

boards, union use . . . . . . . . . . . . . . . . 12

Cancellation fees (for arbitrators) 33

Careerconditional emloyees (RIF) ..... 29counseling .. . . . . . . . . . . . . . . . . . . . . . . . . . 14development .. . . . . . . . . . . . . . . . . . . . . . . 19employees (RIF) .. . . . . . . . . . . . . . . . . . 29

Categories, teaching changes, employeerights & responsibilities 19

CBA training sessions . . . . . . . . . . . . . . 36

CC:MailLUR use .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12union use .. . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Chairpersons, authorized

compensation . . . . . . . . . . . . . . . . . . . . . . 20

Changein working conditions, impact

& implementation .............. 20of leave .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Changes in personnel policies,practices, working conditions . 7

Child abuse, teacher rights ........ 20

CID (Criminal Investigation Division) 31Civil service reform act of 1978 . 31

Classification . . . . . . . . . . . . . . . . . . . . . . . . . . 31of jobs .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Classification: reclassification (RIF) 29

Closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Coercion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1

Sect.

2b 68

12 602 30

7b 122

1f(l)lc31f(l)

4b 53

8 134

4c4c7

25 66

23b 651 5 82

6b

14b

I-15a

I-3

I-4e1,2,4

5

I-12

Page

94355394

3131

55

17

61

112

109

10975

92

70

112

141

Coin toss resolutions ................College, course of study ...........

Color discrimination (see EEO)

Committees, union rightto representation . . . . . . . . . . . . . . . . . .

Communication media, union use

Communicationsemployee and agency ............

Community involvement, voluntary

Commuting area, (RIF) ............

Compassionate reassignments ....Compensation . . . . . . . . . . . . . . . . . . . . . . . . .

and benefits . . . . . . . . . . . . . . . . . . . . . . . .extra curricular ....................extra duty .. . . . . . . . . . . . . . . . . . . . . . . . . .extra duty .. . . . . . . . . . . . . . . . . . . . . . . . . .

Competitivearea changes (RIF) .. . . . . . . . . . . . . .level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .level (RIF) .. . . . . . . . . . . . . . . . . . . . . . . . .

Compliance, pay . . . . . . . . . . . . . . . . . . . . .

Computers, union use ..............

Conditions of employment ........

Conferences, attendance ...........

Confidentiality (investigations) ...

Congress, union right to presentviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration for vacancies/RIF,drawdown procedures ...........

Constructiondisturbing factors .. . . . . . . . . . . . . . . .renovation .. . . . . . . . . . . . . . . . . . . . . . . . .

Contents, letter of reprimand ....

142

Art. Sect.

3319

3

12

8 1 20

20 22 65

29 lb 92

1 5 6 38

23 3 7417 all 4525 2 7625 2 7625 4 77

29 lb,d 9229 1 9229 1e 93

17 10b(7) 50

12 6 32

7 6b 17

19 8 56

35 5 132

3

15

2220

30

3c9

2

4

1

12c,f

2d21

Page

11956

12

30

12

41

6964

103

ContractArt. Sect. Page

authority o f .. . . . . . . . . . . . . . . . . . . . . . .interpretation, application

& administration .. . . . . . . . . . . . . .orientation .. . . . . . . . . . . . . . . . . . . . . . . . .

CONUS recruits, informationto union on . . . . . . . . . . . . . . . . . . . . . . . . .

Conversionpolicy .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .of NTEs (RIF) .. . . . . . . . . . . . . . . . . . . .

Copies of regulations - LUR/unionrights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Costs of arbitrations, reducing ...

Counselingemployee (RIF) .. . . . . . . . . . . . . . . . . . .(EAP) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Courses of study . . . . . . . . . . . . . . . . . . . . .Coverage, voluntary allotment

of union dues . . . . . . . . . . . . . . . . . . . . . .Credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Credits, semester hours required,

employee rights & responsibilitiesCritical elements . . . . . . . . . . . . . . . . . . . . .Curriculum . . . . . . . . . . . . . . . . . . . . . . . . . . . .

development committees, purposedevelopment committees, unionrights .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Custodial services, availability& responsibility . . . . . . . . . . . . . . . . . . . .

3

32 l a 1151 1 2 29

7 1 16

16 1 4429 7 96

13 3 3433 11 12433 1 3 125

29 6 9522 8 7119 7,9 55

34 1 12719 4a 53

19 4b 5322 10d 7320 15 6220 15b 62

20 15b 62

20 27 67

Damage or loss of property . . . . . . . 20Danger pay . . . . . . . . . . . . . . . . . . . . . . . . . . 17Data request, grievances invoked

to arbitration, 5 USC 7114(b)(4) 31Data (see information)

7 13

9 598 49

I-15c 113

143

Art.Day care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Death benefits counselling ......... 7Debt collection act . . . . . . . . . . . . . . . . . . 17

Deciding official, duties of ........ 30

Decisiongrievance .. . . . . . . . . . . . . . . . . . . . . . . . . . . 33final, grievance .. . . . . . . . . . . . . . . . . . . 33of arbitrator .. . . . . . . . . . . . . . . . . . . . . . . 33letter of reprimand ............... 30

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30adverse action .. . . . . . . . . . . . . . . . . . . . . 30correcting in nature .............. 30counseling .. . . . . . . . . . . . . . . . . . . . . . . . . . 30day .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30deciding official . . . . . . . . . . . . . . . . . . . 30disciplinary action .. . . . . . . . . . . . . . . 30letter of caution .. . . . . . . . . . . . . . . . . . 30letter of reprimand ... . . . . . . . . . . . . 30oral warning .. . . . . . . . . . . . . . . . . . . . . . . 30

Demotions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31(RIF) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Dependent transportation .......... 7Designation of representative ..... 30

investigation .. . . . . . . . . . . . . . . . . . . . . . . 35Determination of entitlements .... 17Directives, RIF . . . . . . . . . . . . . . . . . . . . . . . 29Directories (DODDS & local),

to union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Disability

preference eligible employeeswith (RIF) .. . . . . . . . . . . . . . . . . . . . . . 29

retirement .. . . . . . . . . . . . . . . . . . . . . . . . . . 23Disciplinary actions

grieved ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

representation .. . . . . . . . . . . . . . . . . . . . . 2

144

Sect. Page6c 58

8 18

7 47

5b 101

3b 1183a 1188 1225d 102

2 982a 983a 992b 982c 982d 982e 982f 992x 992h 99I-5b 1101 9211 183d 996 1322a 452d 94

5

1f4

I - l lbII-13

34

9374

1111147

Disciplinary policy (school)classrooms . . . . . . . . . . . . . . . . . . . .school . . . . . . . . . . . . . . . . . . . . . . . .

Discipline (employee) . . . . . . . . . . . . . . .considerations about . . . . . . . .Douglas factors . . . . . . . . . . . . . . . . . . .

guidelines .. . . . . . . . . . . . . . . . . . . . . . . . . . .mitigating factors .. . . . . . . . . . . . . . . .stay .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .stay or removal action ...........

Discrimination (see also EEO) ...

Disputes, procedural(arbitrations/grievances) ........

Distributionboxes, union use .. . . . . . . . . . . . . . . . .of union literature .. . . . . . . . . . . . . . .

DODDS Personnel Centerlistings, to union .. . . . . . . . . . . . . . . . .services .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DODDS profile, to union .........Douglas factors . . . . . . . . . . . . . . . . . . . . . . .Downgrading, class or occupational

specialization of unit employeesDrawdown procedures, within schoolDrivers licenses . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . .Drug abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . .DSN, union use . . . . . . . . . . . . . . . . . . . . . .

Due date for payment,debt collection act . . . . . . . . . . . . . . . .

Duesvoluntary allotment o f ..........withholding, effective dates ....

Duplication equipment, union use

Art.

20 14 6120 14 6130 all 9730 l a 9730 l a 9730 10 10730 l a 9730 1a(3) 9722 8c 7230 1c 9731 I-5c 11031 I-12 112

33

1212

1371330

24 4 7515 11 402 13 1 17 12b 1922 8a 7112 4a 30

17 7a(3) 48

34 all 12734 5 130

12 6 32

Sect. Page

8 122

1l b

3030

6 3512a 19

5(5) 3410 107

145

Art.Duration of the agreement . . . . . . 36

Sect.11

Page13375Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of deciding official for disciplineand adverse action .. . . . . . . . . . . . . . .o f union .. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Educationalenvironment .. . . . . . . . . . . . . . . . . . . . . . .programs, new/special,union rights .. . . . . . . . . . . . . . . . . . . . . . .sabbatical leave, agency

responsibilities .. . . . . . . . . . . . . . . . .EEO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

committee .. . . . . . . . . . . . . . . . . . . . . . . . . .complaint . . . . . . . . . . . . . . . . . . . . . . . . . . .counselors .. . . . . . . . . . . . . . . . . . . . . . . . . .grievance options .. . . . . . . . . . . . . . . .witnesses, travel expense ........

Electronic mailmail inquiries, pay ................union use .. . . . . . . . . . . . . . . . . . . . . . . . . . .

Eligibilityfor NTEs ... . . . . . . . . . . . . . . . . . . . . . . . . .for transportation benefits .....

Emergencies/evacuation & closuresEmergency conditions

unsafe/unhealthful ...............

24

30 5b 1013 1 1221 2 67

20 14 61

19 5c 54

19 9 567 12a 1918 4 5231 I-5c,6 11018 3 5231 I-5,6 11018 7 52

17 10b(l) 5012 4c 31

16 2 4517 2b 4522 5c 70

22 2a 6822 5b(1) 707 9 1822 8a 71

Emergency evacuations . . . . . . . . . . . . .Emotional problems . . . . . . . .Employee

assistance program (EAP) . .benefits, processing by DODDS

personnel center services . . . . .career and career-conditional

(RIF) . . . . . . . . . . . . . . .consideration (extra-curricular)

146

22 8 7 1

7 12a 19

29 1f(2) 9425 6 77

Employee (continued) Art Sect.counseling (RIF) . . . . . . . . . . . . . . . 29 6grievance procedure . . . . . . . . . . . . . 31 Iinformation on . . . . . . . . . . . . . . . . . . 7 1list to union, agengy

responsibilities . . . . . . . . . . . . . . 13 4list to union, union rights . . . . . . . 13 4non-preference eligible (RIF) . . . 29 1f(2)participation . . . . . . . . . . . . . . . . . . 28 l a

28 2a,bprotection .. . . . . . . . . . . . . . . . . . . . . . . . . . 31 I-12preference eligible (RIF). ......... 29 1f(2)protection .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 I-12responsibilities .. . . . . . . . . . . . . . . . . . . . 6 1responsibility, voluntary

allotment of union dues ...... 34 2rights, debt collection act ....... 17 7a(4)

17 7a(7)rights, vacancies & promotions 14 l bsignature . . . . . . . . . . . . . . . . . . . . . . . . . 28 4g

Employees’ rights . . . . . . . . . . . . . . . . . . . . 2 allEmployer responsibilities .......... 7 all

. . . . . . Preamble 1introduction to representatives 7 2orientation program . . . . . . . . . . . . . . 7 4voluntary allotment of union dues 34 4to assist in overseas problems Preamble 2

Employer rights . . . . . . . . . . . . . . . . . . . . . 28 4e

Employmentapplication, information to union 1 3 5(3)statistics . . . . . . . . . . . . . . . . . . . . . . . .... 18 5

Environmental factors . . . . . . . . . . . . . . 22 10d

Equal employment opportunity(see EEO)

Equal employment opportunity . . 7 12a

Equal employment opportunity . . 18 1,2grievance options . . . . . . . . . . . . . 31 I-5

Page9510816

34349486871129411215

12848483589

6

16

516161295

89

3452

73

19

51110

147

Sect.Equipment

new, union rights . . . . . . . . . . . . . . . .school, union use . . . . . . . . . . . . . . . . .

Equitable discipline . . . . . . . . . . . . . . . . . .

Erroneous withholding, debtcollection act . . . . . . . . . . . . . . . . . . . . . . .

Error by servicing agency,adverse employee effect . . .

ETS (DSN) . . . . . . . . . . . . . . . . . . . . . . . . . .

Evacuations . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .and school closure procedures

Evaluation, effect of extenuatingcircumstances . . . . . . . . . . . . . . . . . . . . . .

Exclusions, from grievances . .Exclusive

recognition . . . . . . . . . . . . . . . .representation . . . . . . . . . . . .

Excused absence . . . . . . . . . . . . .

reasons for . . . . . . . . . . . . . . . . . . . . . . . . . .

Excused leave to attend courses .Exercising options . . . . . . . . . . . . . . . . . .Expedited arbitration proceduresExposure to AIDS . . . . . . . . . . . . . . . . . .Expulsion of students . . . . . . . . . . . . . .Extra curricular activities . . . . . . . . .Extra curricular activities, suggested,

LUR rights & responsibilities .Extra duty

assignments . . . . . . . . . . . . . . . . .pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extraordinary round (arbitration)

Art.

19 5c 5412 6 32

30 3f 100

17

7 3 16

12 4a 307 9 1822 5c 7022 5 70

28 lb 8631 I-4 109

3

311262626173133222025

25 3 76

25 all 7617 10c 5133 3d(6) 120

7a(10)

1 121 61 12l b 289 809b 809c 814c 46I-5 1109 1239c 7214a 612 76

Page

49

148

Facilitiesgovernment & non-governmentschool, union use . . . . . . . . . . . . . . . .use of official, union rights . . . .

Facsimile machines, union use . . .

Faculty meetings . . . . . . . . . . . . . . . .union time . . . . . . . . . . . . . . . . . . . . . .

Family leave . . . . . . . . . . . . . . . . . . . . . .

Faxunion use . . . . . . . . . . . . . . . . . . . . . . . . . . .use for witness list exchange . . .

FECA (Federal Employees’Compensation Act) . . . . . . . . . . . . . . . . . .

Federal74

73Employees’ Compensation ActEmployees’ Compensation Act,information on . . . . . . . . . . . . . . .Mediation and Conciliation ServiceService Impasses Panel . . . . . . . .

Finance newsletters, pay . . . . . . . . . .

File, grievance . . . . . . . . . . . . . . . . . . . . . .

Fire drills . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fitness for duty examination . . . . .Flip-of-a-coin resolutions . . . . . . . . .Formal

discussions, union rights to berepresented . . . . . . . . . . . . . . . . . . . . . .step, grievances . . . . . . . . . . . . . . . . . . . .step (2), grievances . . . . . . . . . . . . . . .

Forms, reporting injuries . . . . . . . .Forwarding of data to finance, payFPM 351 (Reduction In Force) . .Franked envelopes (or equivalent),union use . . . . . . . . . . . . . . . . . . . . . . . . . . .Fraud, waste, abuse, reporting . . .

Art

19 5d12 312 all

12 4b

20 712 5

26 17

12 4b33 10e

23 3

23 all

3333

17

31

20

2233

3131231729

1211411174

12 7 3322 3b 69

Sect.

12a2f

10b(8)

I-16

20

10a,b3c

1II-2bI-l lb2

Page

543030

31

5932

82

31124

16116118

51

113

64

73119

10b(10) 511 92

149

FSIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Furlough

for 30 days or less .. . . . . . . . . . . . . . .for more than 30 days (RIF)

Good faith settlement discussionsGovernment

employees training act ...........transportation .. . . . . . . . . . . . . . . . . . . . .

Grades, pupil . . . . . . . . . . . . . . . . . . . . . . . . . . .Grievability questions ...............Grievance(s) . . . . . . . . . . . . . . . . . . . . . . . . . . .

adjustment .. . . . . . . . . . . . . . . . . . . . . . . . .and appeal rights .. . . . . . . . . . . . . . . .and appeals, DODDS personnelcenter services .. . . . . . . . . . . . . . . . . . . . .appeal .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .arbitration o f .. . . . . . . . . . . . . . . . . . . . .arbitrations .. . . . . . . . . . . . . . . . . . . . . . . .exclusions .. . . . . . . . . . . . . . . . . . . . . . . . . .file .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .for hearings, assignment of ....formal step .. . . . . . . . . . . . . . . . . . . . . . . .in case of disciplinary & adverse

actions .. . . . . . . . . . . . . . . . . . . . . . . . . . .informal step .. . . . . . . . . . . . . . . . . . . . . .investigation .. . . . . . . . . . . . . . . . . . . . . . .listing (step 3 appeals status),

agency responsibilities ........matters covered ....................mediation .. . . . . . . . . . . . . . . . . . . . . . . . . .

merits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .non-meritorious ...................normal procedure .................policy/procedure .. . . . . . . . . . . . . . . . .

Art. Sect. Page33 2f 118

3129

33

19 4b 5317 4d 4620 16 6331 I-2 10833 1 11631 I-9 11130 9 106

731313331313331

31 I-l 10831 II-2a 11431 I-7 110

31 I-18 11331 I-3 10933 1,2 11633 3 11833 13 12531 II-2 11431 I-14 11231 II-2 11432 1 11532 2 116

I-5a1

4

12aII-2cII-2d2I-4I-163dII-2b

11092

121

19115115116109113119114

150

Grievances (continued) Art.procedural issues .. . . . . . . . . . . . . . . . . . 31RIF, agency responsibilities/em-ployee rights & responsibilities 29step 1 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31step 2 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31step 3 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31step 4 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31termination .. . . . . . . . . . . . . . . . . . . . . . . . 3 1time limits .. . . . . . . . . . . . . . . . . . . . . . . . . 31timeliness .. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1union rights to be represented . 3

Grievance procedureemployee .. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1exclusions .. . . . . . . . . . . . . . . . . . . . . . . . . . 31exercising option .. . . . . . . . . . . . . . . . . 3 1general information .. . . . . . . . . . . . . 31matters covered .. . . . . . . . . . . . . . . . . . . 31matters under military administrative/

legal jurisdiction .. . . . . . . . . . . . . . . . 3 1merits to be dealt with .......... 31military agencies .. . . . . . . . . . . . . . . . . 7raising procedural issues ........ 31rights .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Grievants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Handbooks . . . . . . . . . . . . . . . . . . . . . 20Handicapped access of facilities . 20Hazards

health . . . . . . . . . . . . . . . . . . . . . . . . . 22reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Healthand safety, information on . . . . . 7benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31benefits (RIF) . . . . . . . . . . . . . . . . . . . . . . 29care services . . . . . . . . . . . . . . . . . . . . . 22hazards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22hazards, reporting . . . . . . . . . . . . . . . . 2insurance (RIF) . . . . . . . . . . . . . . 29

Sect. Pagel-2 108

5 95II-2a 114II-2b 114II-2c 115II-2d 115I - l le 111I-11 111I-2 1081 12

all 108I-3 109I-5 110I-l 108I-2 108

1-4(h) 109I-2 1087 18I-2 1083 8710 124

23 653c 57

3 693c 69

1 16I-4b 1096c 957 713c 692b 76b 95

151

Art. Sect.Hearing site, arbitrations . . . . . 33 12

HIV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9 b

Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5Hospital commanders . . . . . . . . . . . . . . . 22 7bHost nation

laws and regulations. . . . . . . . . . . 6 1permits and documents, employerresponsibility . . . . . . . . . . . . . . . . . . . . . . 7 12b

Household goods, shipmentand storage . . . . . . . . . . . . . . . . . . . . . . . . . 7 10

Housing allowanceinformation on . . . . . . . . . . . . . . . . . . . 7 1and differentials . . . . . . . . . . . . . . 17 2

Identical grievances .................. 31 I-8Identification cards . . . . . . . . . . . . . . . . . . 2 13Identification cards . . . . . . . . . . . . . . . . . . 7 12bImmunizations . . . . . . . . . . . . . . . . . . . . . . . . 22 6

Improper classification ............. 24 2Incentive awards

information on ... . . . . . . . . . . . . . . . . . 7 1processing by DODDS personnel

center services .. . . . . . . . . . . . . . . . . . 7 12aInclement weather . . . . . . . . . . . . . . . . . . . 22 5b(1)Indefinite appointments (RIF) .... 29Individual grading system, teachers 20Informal

mediation process .. . . . . . . . . . . . . . . . 33resolutions (policy grievances) 32step, grievances .. . . . . . . . . . . . . . . . . . . 31

Informationrequest for, to the union,

LUR/union rights ............. 1 3to the union, LUR rights

& responsibilities .. . . . . . . . . . . . . . 23

if(1)16

132II-2a

1

5

Page12472721771

15

19

18

1645

11011197175

16

19709463

125116114

33

75

152

Information (continued)to the union, LUR/union rightstraining opportunities, agency

responsibilities . . . . . . . . . . . . . . . . . .Interest-arbitrations . . . . . . . . . . . . . . . . .Interpretation of contract . . . . . . . . .

. . . . . . . .Inter Regional Transfer Program(RIF) . . . . . . . . . . . . . . . . . . . . . . . .Interruption of classes . . . . . . . . . . . . .Inter-service support agreements .Introduction of union representative

Investigations . . . . . . . . . . . . . . . . . . .

Investigative interview . . . . . . . . . . . . . .

Invocation of arbitration ..........

Involuntary reassignments .........

In-service training . . . . . . . . . . . . . . . . . . . .

IRTP (Inter Regional TransferProgram) . . . . . . . . . . . . . . . . . . . . . . . . . . .

Islamic work week . . . . . . . . . . . . .

Issuances, DODDS, copies to union

14

31

2

I-7

35

113

- LUR/union rights . . . . . . . . . . .

Issues13 3 34

procedural (grievances) . . . . . . . 31 I-2 108substantive (grievances) . . . . . . . . . 31 I-2 108

Job descriptions . . . . . . . . . . . . . . . . . . . . . .(RIF) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint Labor ManagementCommittee Meetings . . . . . . . . . . . . . . . .

number of meetings .. . . . . . . . . . . . .number of participants ..........

Art.13

19333233

292037

2313135

35

33

15

1919

24 all 7529 1e(1) 93

10 2b(l) 2610 2b(1) 2610 2b(1) 26

Sect. Pageall 33

5a 542 116l a 1158b(2)(b) 123

4 952 564 132 16

all 6I-7 11015 112all 131

3 132

3 118

10 39

1 526 55

153

Sect.sights .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .travel time ... . . . . . . . . . . . . . . . . . . . . . . .

Late pay . . . . . . . . . . . . . . . . .

Law and regulations, provisions of

Leavefor EAP - sick, annual LWOPfor witnesses of grievances . . .procedures, information on . .sabbatical . . . . . . . . . . . .while on... (RIF) . . . . . . .without pay . . . . . . . . . . . . .without pay, requests for . . . . . . .worker’s compensation . . . . .

LES specifications, pay . . . .

Letter of reprimand . . . . . . . . . . . .prior to issuing . . . . . . . . . . . . . . . .

Letter proposing discipline . . . . . . .

Life insurance . . . . . . . . . . . .(RIF) . . . . . . . . . . . . . . . . . .

Light duty . . . . . . . . . .

List of employees to unionagency responsibilities . . . . . . . .union rights . . . . . . .

Listing(s)extra duty assignments/extra

curricular activities . . . . . . . . . . .grievances (step 3 appeal status),

agency responsibilities . . . . .of official (DODDS), to union

of union officials. . . . . . . . . . . . . . . . .

Literature, distribution of union

Living quarters allowance (LQA)

154

Art1010

17 6 47

8 3,4 20

223371929262623

17

3030

30

312929

23

131 3

25 2 76

31 I-18 11313 6 359 2 21

12 l b 30

17 3 45

2e(1)2b(1)

8d10a191f55a3a

10b(9)

5d5d(2)

5a

I-4b6b6e

4b

44

Page2726

72124165693797974

51

102103

100

1099596

74

3434

Localhires, information to union on

level . . . . . . . . . . . . . . . . . . . . . . .level, number of meetings . . . . .level, number of participants . .

Lunch periods . . . . . . . . . . . . . . . . . . . . .

Local Union Representative (LUR)appointment o f . . . . . . . . . . . . . . . . . . . .providing name to managementrelease time to attend arbitration

hearings . . . . . . . . . . . . . . . . . . . . .rights & responsibilities . . . . . .

union’s right to appoint . . . . . . . .Leave Without Pay (LWOP)

LUR use . . . . . . . . . . . . . . . . . . . . . . . . . . . . .summer training . . . . . . . . . . . . . . . . . . .returnee (RIF) . . . . . . . . . . . . . . . . . . .

33 10c 12420 4,5 5720 11 6020 15 6220 17,20 6420 24 6520 27 679 2a 21

33 10c 12419 7 5529 1 92

Mailboxes . . . . . . . . . . . . . . . . . . . . . . .boxes, cc:mail, union use . . . . . . .services, union use . . . . . . . . . . . . . . . .

Management rights . . . . . . . . . . . . . . . . . .Manko clause, stay . . . . . . . . . . . . . . . . . .Manning authorization (RIF) . . .Manpower voucher, to union

agency responsibilities . . . . . . . .union rights . . . . . . . . . . . . . . . . . . . .

Marital status discrimination (see EEO)Matters

20 6a 5812 4c(5) 3212 7 334 1 1333 3b 11829 2c 94

13 513 5

appropriate for negotiation . . . . 7 6covered, grievance procedure . . 31 I-3

Media, communications, union use 12 4

Art. Sect. Page7 1 1610 1 2510 1 2510 1 25

21 3 68

9 29 2

2121

3434

1710930

155

Mediation process, informal ......

Mediator(s)arbitrator .. . . . . . . . . . . . . . . . . . . . . . . . . . .union telephone contact .........

Medicaldisability retirement ..............documentation .. . . . . . . . . . . . . . . . . . . .

Merit Systems Protection Board,see MSPBstandards .. . . . . . . . . . . . . . . . . . . . . . . . . . .

Merits of grievances . . . . . . . . . . . . . . . . .

Militaryagency grievance procedure ....grade equivalency ... . . . . . . . . . . . . . .leave .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minimum impact (RIF) ............

Mixed cases . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Morale, improvement ...............

Moves & relocation of classrooms

MSPBgrievance options .. . . . . . . . . . . . . . . .standards .. . . . . . . . . . . . . . . . . . . . . . . . . . .

Mutual responsibilities ..............improvement in working

conditions .. . . . . . . . . . . . . . . . . . . . . . .morale improvement .............policy .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Art.33

3312

2322

33

31

226

29

31

8

20

3133

8

888

Sect. Page1 3 125

13 1254a(l) 30

4 7410 73

8b(5) 123

I-2 108

7 189 97 79

7 96

I-5c,6 110

1 20

4 57

I-5,6 1108b(5) 123

1 20

1 201 201 20

union and management . . . . . . Preamble 2 5

National origin discrimination(see EEO)

National security . . . . . . . . . . 31 I-4c 109Negotiated grievance procedure . 31 I-all 108Negotiation(s)

appropriate matters . . . . . . . . 7 6 17

156

Negotiations (continued) Art,change in personnel policies,

practices, working conditions 7impact of new programs/equip-

ment, LUR/union rights . . . . . 19on RIF procedures, union rights 29on RIF procedures, union rights 29

New employees, assistance to . . . . . 8New equipment, union rights . . . . . 19New/special educational programs,

union rights . . . . . . . . . . . . . . . . . . . 19NIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 31Noise levels . . . . . . . . . . . . . . . . . . . . 22Non-meritorious grievances . . . . . . . 31Non-preference eligible employees

(RIF) . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Non-work day, for grievance

timeliness . . . . . . . . . . . . . . . . . . . . . . 31

Page

Normal work day . . . . . . . . . . . . . . . .Notification

of EAP, annual . . . . . . . . . . . . . . . . . .of extra duty assignments . . . . . .of pay delay, pay . . . . . . . .of rights in investigations . . .to employees (RIF), agency/em-

ployee rights & responsibilities

to the union (RIF), unionrights/agency responsibilities

NTEs (Not To Exceed) employeesdrawdown procedures . . . . . . . . . . .RIF . . . . . . . . . . . . . . . . . . . . . . .termination . . . . . . . . . . . . . . . . . .

21

22 8a 7125 2 7617 10b(4) 5035 la,b 131

29 2 9429 4 95

29 2 9416 all 4415 12c(2) 4129 7 9631 I-4g 109

Nurses’ occupational exposure to AIDS,impact & implementation . . . . . . 22

Occupational exposure to aids,impact & implementation . . . . . . . 22

Sect.

6b 17

5c 543 947 962 205c 54

5c 54I-15a 1122a 68I-14 112

1f(2)

I-17 1132 67

9c 72

9c

94

72

157

Official Art. Sect. Pagefacilities, use of, union rights 12 1-4 30

12 6 3212 7,8 33

grievance file . . . . . . . . . . 31 I-16 113personnel files . . . . . . . . . . 2 4 8

. . . . . . . . . . 27 1 83personnel folders, maintained by DODDS

personnel center services . .position descriptions (RIF) . . . .records . . . . . . . . . . . . . . . . . . . . .

Official time . . . . . . . . . . . . .

Official time . . . . . . . . . . . . . . . . . . . . . . . . . .additional time . . . . . . . .for department of labor reportsfor grievances & appeals . . .fo IRS reports . . . . . . . .for officially required reports .regional level . . . . . . . .school level . . . . . . . . . . . .

OFT, regional representatives

OPF, maintained by DODDSpersonnel center services . . . .

Options, reassignments . . . . . . . .

Oraladvisory decision-mediation . .hearing, debt collection act . .

Orientation of employees . . . .OSI . . . . . . . . . . . . . . . .

Outside employment . . . . . . . . . . . .

Overpayments, debt collection act

292

9

1899319999

9

7

1 5

331717

7

31

6

1 7

12a 191e(2) 934 8

3 22

6 523c 243d 241-13 1123d 243d 243b 243a 22

2c 24

12a 19

4 37

13b(5) 1266,7a 478 49

4 16

I-15a 112

2 16

7a 47

Overseas environment, uniquecircumstances . . . . . . . . . . . . . . . . . . . . . . Preamble 2 5

Overseas Opportunities (book),to union . . . . . . . . . . . . . . . . . . . . . . . . . ... 13 5(3) 34

158

Art. Sect.Paid leave other than any purpose

leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Parent

input/employee rights ........... 2828

irate, complaining .. . . . . . . . . . . . . . . 28

Parking, faculty . . . . . . . . . . . . . . . . . . . . . . 20Past offenses . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Payholidays .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7premium ... . . . . . . . . . . . . . . . . . . . . . . . . . . 17proper & timely .. . . . . . . . . . . . . . . . . . 17when schools are closed ......... 22

Pending cases (grievances) ......... 33

Performancedifficulties/deficiency ............ 22employees rights .. . . . . . . . . . . . . . . . . . 28establishment of .. . . . . . . . . . . . . . . . . . 28number of critical elements .... 28plan .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28ratings, processing by DODDS

personnel center services ..... 7review representation ............ 28standards, adjustment of ....... 28standards, lack of training, employee

rights/responsibilities.. ......... 19unacceptable .. . . . . . . . . . . . . . . . . . . . . . . 31

Permissive travel (TDY) orders . . 10. . 9. . 11

Personalappearance .. . . . . . . . . . . . . . . . . . . . . . . . . 6behavior .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6information .. . . . . . . . . . . . . . . . . . . . . . . . 2

Personneladministration by DODDS

4 78

1d 861e,f 871e 87

6d 58

5c 102

5 179 4910 505d 70

3d(1) 119

8c 724c 884d 894i 894i 89

12a 194b 884a 88

5e 55I-5b 110

3 275 253 29

1 1 51 155 8

Page

159

personnel center services . . . . . . . .Center (DODDS), listings, to unionCenter (DODDS), union contactfiles . . . . . . . . . . . . . . . . . .files, location o f . . . . . . . . . ..manual revision, union rightspolicies, practices, and working

conditions . . . . . . . . . . . . . . .policies/practices/matters

affecting working conditions,LUR/union rights . . . . . . . . . . .

services . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

support . . . . . . . . . . . . . . . .support, host nation . . . . . . . . . . .support, military departments

Photocopy machines . . . .union use . . . . . . . . . . . . . . ...

Physicaldemands . . . . . . . . . . . . . . .handicap discrimination (see EEO)

Physician of choice . . . . . . . . . . . . . . .

Picketing . . . . . . . . . .

PL 96-454, Title VII, Section 7121Policy

health & safety . . . . . . . . .grievace procedure . . . . . . . . . . . .performance standards and

appraisal . . . . . . . . . . . .Political

activities . . . . . . . . . . . . . . . . . . . . . . . . . . .affiliation discrimination (see EEO)

Position description . . . . . . . . . .

Position description . . . . . . . . . . . . . . .Positions

new . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Art. Sect.7 12a13 612 431 I-1227 33 3

7 6b 1 7

1327777

2012

22 10d 73

22

5

31

22 132 all

28 1 86

31

22 10d 7324 1,2,4 75

14 36

2,31312121212

6g6

10a

2

I-3

I-4a

Page1935301128313

331119191919

5932

73

15

109

68115

109

review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postage for official documents .

Postalboxes, union use . . . . . . . . . . . . . . . . . .services, union use . . . . . . . . . . . . .

Post-hearing briefs . . . . . . . . . . . . . . . . . .

Preference eligible employees (RIF)

Premium pay . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation time for elementaryschool teachers . . . . . . . . . . . . . . . . .

Pre-action investigation . . . . . .

Privacy act requirements, unionFAX/cc:mail . . . . . . . . . . . . .

Probationary employees . . . . . . . .

separation o f . . . . . . . . . . . . . . . . . . . . . . .trial period . . . . . . . . . . . . . . . . .

Problemsalcohol . . . . . . . . . . . . . . . . . . . . . . . .behavioral . . . . . . . . . . . . . . . . . . .drugs . . . . . . . . . . . . . . . . . .emotional . . . . . . . . . . . . . . . . . . .

Proceduraldefects, grievances . . . . . . . . . . . . . . . .disputes (arbitration/grievances)issues, grievances . . . . . . . . . . . . . . . . .

Procedures . . . . . . . . . . . . . . . . . .for establishing performanceelements & standards . . . . . . . . . .

Professional meetings, attendance

Promotion(s)opportunities, information ontemporary . . . . . . . . . . . . . . . . . .

Protection, employee . . . . . . . . . . . .

Art. Sect.24 3

2 12

12 1 3012 1 30

33 3b 118

29 1f(2) 94

17 9 49

20

35

1212

2

312

22 8a 7122 8a 7122 8a 7122 8a 71

31 I-2 10833 8 12231 I-2 10822 2 68

2819

1431

Page75

11

8

2

59

131

4b(2) 314c(5) 32

10 9

I-4f 10910d 1010b 9

4 888 56

1 163 36I-12 112

161

Art. Sect. PageProviding documents & information 30 4 100Public policy . . . . . . . . . . . . . . . . . . . . . . . . Preamble 3 5

Pupil grades . . . . . . . . . . . . . . . . . . . . . . . . . .

Purging of files . . . . . . . . . . . . . . . . . . . . . .

Qualification standards, changes

Qualifications, employee (RIF) .

Race discrimination (see EEO)

RAT options . . . . . . . . . . . . . . . . . . . . . . . . .

RAT travel, for summer training

Reasonable standards . . . . . . . . .

Reassignments . . . . . . .

Reassignments . . . . . . . . . . . . . . . . . . . . . . . .acceptance (RIF) . . . . . . . . . . . . . . . . . .medical . . . . . . . . . . . . . . . . . . .requiring displacement (RIF) .listings, to union, agency

responsibilities . . . . . . . . . . . .listings, to union, union rights

Recertification, employee rights& responsibilities . . . . . . . . . . . . . . . . . .

ReclassificationRIF . . . . . . . . . . . . . . . . . . . . . . .LUR rights . . . . . . . . . . . . . . . . . . . . . . . . .

Recognition of spokespersons . . . .

Record of hearing . . . . . . . . . . . . . . . . . . .

Recordscounseling . . . . . . . . . .medical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recruitment, CONUS & local . . . .

162

20 16 63

27 8 86

19 4b 5319 5d 54

29 1e(2) 93

7

19

2828

15

14292329

1 31 3

191919

2924

10

33

222214

l l b 18

7 55

lc 864a,b,c, 88

all 37

2 358 964b 741 92

4b 344b 34

4 535d 547 55

1 924 75

5 28

6 121

8b(3) 718b(3) 712 35

Reducing costs (of arbitrations) . .

Reductionin force .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .in force, procedures .. . . . . . . . . . . . .in grade or pay .. . . . . . . . . . . . . . . . . . .in grade (RIF) .. . . . . . . . . . . . . . . . . . . .in salary (RIF) .. . . . . . . . . . . . . . . . . . . .

Reemployment (RIF) . . . . . . . . . . . . . . . .

RegionalLevel .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Union Representatives, informa-

tion to, agency responsibilitiesUnion Representatives, informa-

tion to, union rights ..........

Regulationsaccess to .. . . . . . . . . . . . . . . . . . . . . . . . . . . .access to .. . . . . . . . . . . . . . . . . . . . . . . . . . . .and laws, provisions of .........changes .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .copies to union .. . . . . . . . . . . . . . . . . . .copies to union .. . . . . . . . . . . . . . . . . . .union access, LUR/union rightsunion right of access to .........

Rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . .

Release timefor grievance/arbitration

preparation .. . . . . . . . . . . . . . . . . . . . .for hearings (arbitration) .......

Religion discrimination (see EEO)

Removal(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .actions, special procedures .....cases, for arbitration .. . . . . . . . . . . .

failure to meet qualificationstandards, employee rights& responsibilities .. . . . . . . . . . . . . .

Art. Sect.33

29 all 9229 5 9531 I-5 11029 9 9629 9 9629 6d 95

10 2 25

13

13

228

1313

22

3333

28 5h 91

31 I-5a,b 11033 3b 11833 3b 118

19 4b 53

1 1Page124

5 34

5 34

4 86 93,4 207 187 183 342 338 13

8a,c 71

10a,b 12410b 124

163

Art.up to and including .. . . . . . . . . . . . . 30

Renewal agreement travel options 7

Reorganization (RIF) . . . . . . . . . . . . . . . 29

Reportingfraud, waste, abuse .. . . . . . . . . . . . . 2hazards .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22injuries .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Representation . . . . . . . . . . . . . . . . . . . . . . . . 9exclusions .. . . . . . . . . . . . . . . . . . . . . . . . . . 1non-employee union representative 9OFT officials right to

designate representative ...... 9permissive travel orders ......... 9right to .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2rights to union .. . . . . . . . . . . . . . . . . . . . 3

Representational business .......... 9conduct of activities .............. 9policy .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9times for carrying out ........... 9

Representational rights of employeefor grievances . . . . . . . . . . . . . . . . . . . . . . 31

Representativeso f grievances .. . . . . . . . . . . . . . . . . . . . . . 33recognition of .. . . . . . . . . . . . . . . . . . . . . 9union right to designate ......... 3

Reprisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3122

Repromotion consideration (RIF) 29Request for information ........... 13

grievances invoked to arbitration 31Request to increase living allowance 17Requirement(s)

of fitness for duty examination,LUR rights .. . . . . . . . . . . . . . . . . . . . . 22

removal .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Sect. Page5f(1) 105

11b 18

1 92

2b 73 691 73

all 211,2 64 24

2b,c531

lbl alb

I-10

1021I-1212,3911-15c3b

10c,d 735f(1) 105

2125712

21212121

111

12421121126

963311346

164

Reserve list, arbitrators . . . . . . . . . .Resolutions, informal (policy

grievances) . . . . . . . . . . . . . . . . . . . . . . . . .

Responsibility, employee (training)

Restraint . . . . . . . . . . . . . . . . . . . . . . . . . . .

Retentionregister . . . . . . . . . . . . . . . . . . . . . . . . . . . .

standing (RIF) . . . . . . . . . . . . . . . . . . . . .

Retirement . . . . . . . . . . . . . . . . . . . . . . . . .benefits, information on . . . . . . .medical disability . . . . . . . . . . . . . . . .RIF . . . . . . . . . . . . . . . . . . . . . . .

Return Agreement Travel (RIF) .

Reviewo f official records . . . . . . . . . . . . . . .position description, LUR rightsprocedures . . . . . . . . . . . . . . . . . . . .

Re-employmentconsideration (RIF) . . . . . . . . . . . . . .priority list (RIF) . . . . . . . . . . . . . . .

RIF, 5 CFR 351 . . . . . . . . . .

Right(s)o f employees . . . . . . . . . . . . . . . . . . . . . . .of employees in investigationsof excessed employees . . . . . . . . . . .of union representatives in

investigations &examinationsof union to appoint representativesto exclusive representation . . . .to information (investigation) .to privacy . . . . . . . . . . . . . . . .to representation . . . . . . . . . . . . . . . . . .to representation . . . . . . . . . . . . . . . . . .

Art. Sect. Page33 2b 117

32 2 116

19 2 53

31 I-12 112

29 1f 9329 5b 9529 1f(3) 94

31 I-4b 1097 1 1623 4a 7429 6a,b 9529 7 96

29 6b 95

2 4 824 3 7527 3 83

29 10 9629 10 96

29 1 9229 5 95

2 1 635 1 13115 10b 40

35 6,73 13 135 42 2c2 330 5e(2)

1321212132

104

165

to representation, EAP . . . . . . .to review, debt collection act .

Room & teaching assignments . .

Rules, regulations, maintainingin school . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sabatical leave . . . . . . . . .

agency responsibilities ...........employee rights & responsibilities

Safetypersonal .. . . . . . . . . . . . . . . . . . . . . . . . . . . .equipment .. . . . . . . . . . . . . . . . . . . . . . . . . .hazards, reporting .. . . . . . . . . . . . . . .

Salary schedulesplacement (sabbatical leave), em-

ployee rights & responsibilitiesteachers .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCD (RIF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schoolactivity fund ... . . . . . . . . . . . . . . . . . . . . .closure(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .closures, drawdown proceduresdirectory (local), copy to unionequipment, union use ............facilities, union use ...............supplies .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .year calendar .. . . . . . . . . . . . . . . . . . . . . .

Secretarial/clerical assistance .....

Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Selectionand change of evaluator ........for training .. . . . . . . . . . . . . . . . . . . . . . . .

Art. Sect.2217

20

8c7b

3

7

19 9 5626 13 8119 9 5619 9 56

22222

19 9 5617 1 45

29 l f ( 3 94

11 lc 29

20 1 1 6026 11 8122 5b 7015 12 4113 5(2) 3412 6 3212 3 3020 5 577 5 17

20 17 64

20 19 64

28 6 9219 5 54

Page7249

56

7 18

2c 684 692 7

Separation (RIF) . . . . . . . . . . . . . . . . . . . . .

Service computation datedrawdown procedures . . . . . . . .RIF . . . . . . . . . . . . . . . . . . . . .

Settlement . . . . . . . . . . . . . . . . . . . .

o f grievances . . . . . . . . . . . . . . . . . . . . . .

Severence pay (RIF) . . . . . . . . . . . . . . . . .

Sex discrimination (see EEO)

Shipment and storage of goods .Special

conditions . . . . . . . . . . . . . . . . . .procedure for removal actions

Sponsor selection . . . . . . . . . . . . . . . .Staff development program . . . . .Staffing adjustments

& announcements . . . . . . . . . . . . . .Standards of conduct, information on

Statutory rights . . . . . . . . . . . . . . . . . . . . . . .Stay

Manko clause .. . . . . . . . . . . . . . . . . . . . .of collection, debt collection actof discipline .. . . . . . . . . . . . . . . . . . . . . . .

Step 1, grievances . . . . . . . . . . . . . . . . . . . .Step 2, grievances . . . . . . . . . . . . . . . . . . . .Step 3, grievances . . . . . . . . . . . . . . . . . . . .Step 4, grievances . . . . . . . . . . . . . . . . . . . .

Strikes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Student grade changes byadministration . . . . . . . . . . . . . . . . . . . . .

Art.

292929

1529

3233333331

29

28 l b 8633 3b 11833 5b 12125 5 7719 all 52

14 2 357 1 167 6a 172 1 6

33172231313131

5

20

Sect. Page

1 926a 957,10 96

12c(6),(7) 416c 95

l a 1151 1164 12113c(2),(4) 126I-l 108

6b 95

10 18

3b 1187a(5) 488c 72II-2a 114II-2b 114II-2c 115II-2d 115

2 15

16d 64

167

Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Substance abuse . . . . . . . . . . . . . . . . . . . . . .

Substantial difference, pay ........

Substantive issues, grievances ....

Substitutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Summary reports of adverse actionSummer

school .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .training .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Survey, annual in-service needsagency responsibilities ...........union rights .. . . . . . . . . . . . . . . . . . . . . . .

Suspected leave abuse . . . . . . . . . . . . . .Suspension

for less than 14 days .............for more than 14 days ...........without pay .. . . . . . . . . . . . . . . . . . . . . . . .

Teacherfacilities .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .files .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .files, contents o f .. . . . . . . . . . . . . . . . .files, location o f .. . . . . . . . . . . . . . . . .occupational exposure to aids,impact & implementation .......privacy rights .. . . . . . . . . . . . . . . . . . . . .

Teaching conditions . . . . . . . . . . . . . . . . .Telephone(s)

directory (DODDS), to union .messages . . . . . . . . . . . . . . . . . . . . . . . . . . . . .union use . . . . . . . ...... . . . . . . . .

Temperature levels . . . . . . . . . . . . . . . . . . .Temporary

appointment (RIF), (NTE) . . . .detail request . . . . . . . . . . . . . . . . . . . . . .

168

Art. Sect.2

22

17

31

20

30

2019

19 1 5219 1 5226 10 81

30 5e 10330 5f 10533 3b 118

20 6 5827 2 8321 2a 6721 2a 67

22202020

13 5(2) 3420 18 6412 4a 3022 2a 68

29 1f(1) 9429 16 82

7

8a,b

10b(3)

I-2

13

9

Page9

71

50

108

60

106

26 667 55

9c 726e 5819 64all 56

Art. Sect. Pageemployees, trial period .......... 2Living Allowance (TLA) ........ 17

The appraisal process . . . . . . . . . . . . . . . 28

Third party (arbitrators) ........... 33

Thresold issue, grievances ......... 31

Timedelay for response, pay ......... 17official for grievances & appeals 31

Time limitsextensions .. . . . . . . . . . . . . . . . . . . . . . . . . . 3 1

31grievances .. . . . . . . . . . . . . . . . . . . . . . . . . . 31

31policy grievances procedures ... 32regional leave .. . . . . . . . . . . . . . . . . . . . . 31

31school level . . . . . . . . . . . . . . . . . . . . . . . . . 31

31Timeliness, grievances . . . . . . . . . . . . . . 31

31Tour of duty . . . . . . . . . . . . . . . . . . . . . . . . . . 17Training

selection for .. . . . . . . . . . . . . . . . . . . . . . . 19summer .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Transfer listings, to unionagency responsibilities ........... 13union rights .. . . . . . . . . . . . . . . . . . . . . . . 13

Transfero f function .. . . . . . . . . . . . . . . . . . . . . . . . 29points, drawdown procedures . 15program ... . . . . . . . . . . . . . . . . . . . . . . . . . . 15program, notification (RIF) .... 29

Transferees, information to union on 7Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Transition of new and newly assignedemployees, assistance to .......... 8

10 93 45

5 90

2 116

I-2 108

10b(2) 50I-13 112

I-2 108I-11 111I-11 111II-l,2 1142 116I-11d(2) 111II-1 114I-11d(1) 111II-l,2 114I-2 10817 1135 46

5 547 55

4b 344b 34

lb 9212c(7)(d) 419 384 951 162 35

2 20

169

Transportation . . . . . . . . . . . . . .FECA benefits . . . . . . . . . . . . . . . . . . . . .agreement . . . . . . . . . . . . . . . . . .agreement, drawdown proceduresfor dependent college studentsrights, information on . . . . . . . . . . .

Travel . . . . . . . . . . . . . . . . . . . . . .permissive/full (professional

meetings), employee rights& responsibilities . . . . . . . . . . . . . .

RAT for summer training . . . . . .documents/entitlements . . . . . . . .for witness service . . . . . . . . . . . . . . . .for witnesses (to arbitration) .time . . . . . . . . . . . . . . . . . . . . . .

Trial periodwhile on... (RIF) . . . . . . . . . . . . . . . . . .

Tuition assistance . . . . . . . . . . .

Unacceptableperformance . . . . . . . . . . . . . . . . . .teacher performance, rightsand responsibilities . . . . . . . . . . . . . . .

Unionaccess to regulations . . . . . . . . . . . . .duties . . . . . . . . . . . . . . . . . . . . . .input . . . . . . . . . . . . . . . . . . . . . .meetings, day reserved for . . . . .officials, providing list to

management . . . . . . . . . . . . . . . .oversight . . . . . . . . . . . . . . . . . .regional representatives . . . . .representation . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . .representation, non-employee

union representatives . . . . . . . . . .

Art.723151577

17

19191723317

29 1f(l) 94

19 4b 53

31 I-5b 110

28

13 2 333 1 1228 2a,b,c 873 5 1 3

93195928

9

Sect. Page1 1 183b 747 3812c(7)(e) 42l l a 181 16

4 46

8 567 554a 4611d 1110d 1244b 46

5 90

2I-92c1l-42

4

2111121152187

24

170

Union (continued)representation, recognition

o f representatives .. . . . . . . . . . . . .representation, rights and dutiesrepresentation, rights in grievancesrepresentation rights, in formal

employee-employer discussionsrepresentational business ........representative, introduction

to employees .. . . . . . . . . . . . . . . . . . .responsibilities .. . . . . . . . . . . . . . . . . . . .responsibility, voluntary

allotment of union dues ......review ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sponsored training .. . . . . . . . . . . . . . .

Union right(s) . . . . . . . . . . . . . . . . . . . . . . . . .drawdown procedures ...........to access to regulations .. . . . . . . . .to name representatives

to school committees .........to seek redress from Congress

and U.S. Executive branch . .vacancies & promotions .........vacancies & promotions .........

Unit designation . . . . . . . . . . . . . . . . . . . . . .

Unit members, list to unionagency responsibilities ...........LUR rights .. . . . . . . . . . . . . . . . . . . . . . . .

University, course of study ........

Unlisted activities . . . . . . . . . . . . . . . . . . . .

Unofficial files . . . . . . . . . . . . . . . . . . . . . . . .

Useof derogatory information .....of leave .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .of official facilities, union rightsof rooms by others .. . . . . . . . . . . . . .

Art. Sect. Page

933

39

75

342611

3153

3

3 lc 1214 l a 3514 4 36

1 1 6

1 3 4a,b 3413 4c 34

19 9 56

25 3 76

27 5 85

28 5c 9026 2 7812 all 3020 3b 57

211

211212

11

1221

2 161,2 15

3 12814 82all 28

all 1212c(7)(h) 448 13

2 12

171

Art. Sect. PageVacancies

and announcements . . . . . . . . . . .RIF . . . . . . . . . . . . . . . . . . . . . . . . .

Vehicle registrations . . . . . . . . . . .

Verification of certification,drawdown procedures . . . . . . .

Video terminals . . . . . . . . . . . . .

Voluntary allotment of union duesVoucher, manpower, to union

agency responsibilities . . . . . . . . . .union rights . . . . . . . . . . . . . . . . . . .

Wage fixing authority (DOD) .....

Waiver, debt collection act ........

Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Weingarten rights . . . . . . . . . . . . . . . . . . . .

Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .entitlement to duty status .......grievants, and representatives. . . . . . . .interviews ... . . . . . . . . . . . . . . . . . . . . . . . .lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .travel, leave, per diem ...........

Word processors, union use ......

Workday ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .slowdowns ... . . . . . . . . . . . . . . . . . . . . . . .stoppages .. . . . . . . . . . . . . . . . . . . . . . . . . . .week ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .week, grievances .. . . . . . . . . . . . . . . . .

Working conditions . . . . . . . . . . . . . . . . .improvement .. . . . . . . . . . . . . . . . . . . . . .regulations, union access .......safe .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .unsafe/unhealthful . . . . . . . . . . . . . . .

14 2 3529 6c 9529 7,9 96

2 13 117 12b 19

15

22

34

1313

25 4a 77

17 7a(l) 47

2 7 9

2 3a(2) 7

2 11 102 11 1033 10 12431 I-15b 11333 10e 12433 10d 124

12 6 32

21 2 675 2 155 2 1521 1 6731 I-17 113

7 6b 178 1 2013 2 3322 1,2 6822 2a 68

12c(4),(5) 42

11 73

all 127

5(l)5(l)

3434

172

WorksheetArt. Sect. Page

for LQA, pay . . . . . . . . . . . . . . 17 10b5 50for re t roac t ive pay............... 17 10b6 50

Written decision, removal . . . . . . . . 30 5f(4) 105

173